“Section 14 of the Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.) provides that “[o]n taking effect, a divorce granted under this Act dissolves the marriage of the spouses.”
In the ordinary course, the effect of s. 12(1) of the Divorce Act is that a divorce takes effect on the 31st day following the judgment granting the divorce. In the intervening period, the parties are still married. If one of the parties dies during that period, the judgment granting the divorce cannot take effect: see Re Kindl (1982), 1982 CanLII 2049 (ON SC), 39 O.R. (2d) 219 (S.C.), at p. 224; L. (M.) v. C. (J.-P.) (1997), 1997 CanLII 10775 (QC CA), 145 D.L.R. (4th) 739 (Que. C.A.), at p. 740.
In this instance, the Divorce Order had been stayed until further order of the court, which prevented it from taking effect and from dissolving the marriage.”