“The applicant is seeking that the Russian Divorce Order, dated January 13, 2020, be set aside.
Pursuant to section 22 of the Divorce Act, R.S.C., 1985, c. 3 (2nd Supp.):
(1) A divorce granted, on or after the coming into force of this Act, by a competent authority shall be recognized for the purpose of determining the marital status in Canada of any person, if either former spouse was habitually resident in the country or subdivision of the competent authority for at least one year immediately preceding the commencement of proceedings for the divorce.
(2) A divorce granted after July 1, 1968 by a competent authority, on the basis of the domicile of the wife in the country or subdivision of the competent authority, determined as if she were unmarried and, if she was a minor, as if she had attained the age of majority, shall be recognized for the purpose of determining the marital status in Canada of any person.
(3) Nothing in this section abrogates or derogates from any other rule of law respecting the recognition of divorces granted otherwise than under this Act.
Section 22(3) of the Divorce Act is interpreted to permit the court to use conflict of law principles and the common law to recognize a foreign divorce: Wilson v. Kovalev, 2016 ONSC 163, 72 R.F.L. (7th) 362, at para. 9. A divorce that is granted in a foreign jurisdiction is presumed to be valid. The onus rests on the applicant to convince the court that the divorce ought to be set aside.
Implications in Ontario if the Russian divorce is valid
Parties who have a foreign divorce that is regarded as valid in Ontario cannot obtain spousal support. The Court of Appeal has also determined that Ontario courts have no jurisdiction under the Divorce Act to deal with spousal support as corollary relief, unless the parties have been divorced under a divorce granted pursuant to the Divorce Act: Okmyansky v. Okmyansky, 2007 ONCA 427, 86 O.R. (3d) 587, at para. 25.”