No need to pause divorce proceedings despite foreign hearings: Supreme Court

No need to pause divorce proceedings despite foreign hearings: Supreme Court
CHEK

OTTAWA — The Supreme Court of Canada says Quebec courts shouldn’t automatically pause civil proceedings when a foreign court is examining the same matter.

The ruling comes today in the case of a Belgian couple — their identities are protected — who lived in Quebec when they decided to divorce.

The husband applied for dissolution of the marriage under Belgian law, while his wife applied in Quebec.

The husband then filed a motion in Quebec Superior Court to dismiss his wife’s application, but he was unsuccessful.

However, the Quebec Court of Appeal overturned that decision, given the legal principle of recognizing foreign judgments.

The wife then took her case to the Supreme Court, which agreed with the original decision to let the divorce proceedings continue in Quebec.

This report by The Canadian Press was first published Oct. 25, 2019.

The Canadian Press

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