Introduction
What happens if you discover your marriage isn’t legally valid because the officiant wasn’t authorized to perform the ceremony? That’s exactly what happened to a couple in Ontario—until the Superior Court stepped in. This case highlights how Ontario’s Marriage Act provides a path to validate marriages performed in good faith, even when procedural errors occur.
The Background
The couple met in 2018, began dating in 2019, and started living together in March 2020. The COVID-19 pandemic delayed their wedding plans, but once restrictions eased in 2021, they secured a marriage licence. They were married at a church in London, Ontario, on October 2, 2021, in front of family and friends.
The ceremony was officiated by Reverend Hana Scorrar, an Anglican priest who had recently been ordained. The couple and the Reverend believed that all legal requirements were met. However, over a year later, they learned from the Office of the Registrar General that their marriage was never officially registered. The reason? The Reverend was not registered under Ontario’s Marriage Act as someone authorized to solemnize a marriage.
The Legal Issue
The couple applied to the court to have their marriage validated under Section 31 of Ontario’s Marriage Act, which allows courts to recognize a marriage even if the officiant was not authorized, provided four conditions are met:
- The marriage was solemnized in good faith;
- The couple intended to comply with the Marriage Act;
- Neither party was legally disqualified from marrying;
- The couple cohabited as spouses after the ceremony.
The Court’s Analysis
The court found that all four elements were satisfied:
- The couple obtained a valid licence and participated in a formal religious ceremony in front of witnesses.
- They were unaware the officiant was not legally registered and had every intention of complying with the law.
- There was no legal impediment to their marriage.
- After the ceremony, they lived together as spouses, wore wedding rings, shared finances, filed taxes as married, and even updated their Wills on the assumption that their marriage was valid.
The Outcome
The court concluded that the marriage was conducted in good faith and that all requirements under Section 31 were met. As a result, the marriage was deemed valid as of October 2, 2021.
Key Takeaway for Couples
This case serves as an important reminder: While it’s essential to ensure your officiant is registered under Ontario law, the courts do offer a remedy in cases where couples act in good faith but face procedural oversights. If you find yourself in a similar situation, legal advice can help secure your marital status and protect your legal rights.
Need Legal Help with a Marriage or Family Law Issue?
At IQBAL LAW, we help couples navigate complex family law matters, from marriage validations to separation, divorce, and beyond. Contact us today (289) 652-0529 to schedule a consultation.
DISCLAIMER:
The information provided in this blog is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is established through this writing. You should consult with a qualified attorney for advice tailored to your specific situation. The lawyer and their firm disclaim any liability arising from reliance on this blog or any other content on this website.