WOMAN WINS RIGHT TO COMPENSATION FROM HUSBAND OVER RELIGIOUS DIVORCE

The Supreme Court of Canada has ruled that a man must compensate his ex-wife because he refused, for 15 years, to grant her a religious divorce, despite having originally undertaken to do so. This refusal, according to the ex-wife, forced her to remain religiously married to her ex-husband, barred from remarrying in her faith, and affected her ability to have children.

While the Quebec Court of Appeal had refused to enforce the ex-husband’s obligation because of its religious character, CCLA offered the high court a different approach. CCLA argued that the court could enforce such an undertaking as long as the court need not determine matters of religious doctrine; it asked the court to consider the harm caused to this woman and to women in her community; and it contended that while compensation may be appropriate, more intrusive or coercive measures (such as contempt or specific performance) probably would not be. CCLA was represented by Special Counsel Andrew Lokan of the Paliare, Roland law firm. [Bruker v. Markowitz]