“Section 31 of the Marriage Act, which is the saving provision to deal with circumstances of non or imperfect compliance with Section 4 of the Act, provides:
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- If the parties to a marriage solemnized in good faith and intended to be in compliance with this Act are not under a legal disqualification to contract such marriage and after such solemnization have lived together and cohabited as a married couple, such marriage shall be deemed a valid marriage, although the person who solemnized the marriage was not authorized to solemnize marriage, and despite the absence of or any irregularity or insufficiency in the publication of banns or the issue of the licence.
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In the case of Isse v. Said, 2012 ONSC 1829, the court thoroughly canvassed the issue of the validity of a marriage for the purposes of divorce and property considerations. At paragraph 16, Justice Broad analysed Section 31 of the Marriage Act to include the following four necessary elements:
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- The marriage must have been solemnized in good faith;
- The marriage must have been intended to be in compliance with the Marriage Act;
- Neither party was under a legal disqualification to contract marriage; and,
- The parties must have lived together and cohabited as a married couple after solemnization.”
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