Schwebel v. Ungar

Schwebel v. Ungar

Given the parties' clear intention to settle in Israel and the circumstances of their migration, they acquired a domicile of choice in Israel upon arrival; Israeli law recognized the gett from delivery, rendering the respondent single and capable of marrying; therefore the respondent had capacity to marry the appellant and the appeal must be dismissed.

Citation
[1965] SCR 148
Parties
Appellant/plaintiff: Abram Schwebel; Respondent/defendant: Hava Ungar
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
21 December 1964
Procedural Posture
Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario / Appeal (leave Granted)
Outcome
Appeal dismissed with costs; judgment of the Court of Appeal for Ontario affirmed
Legal Topics
Domicile, Recognition of Foreign Divorce, Capacity to Marry, Status, Jewish Religious Divorce (gett)
Source Language
English
Conflict of Laws Family Law International Law Domicile Recognition of Foreign Divorce Capacity to Marry Status Jewish Religious Divorce (gett)

Case Brief

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Parties

Abram Schwebel

Appellant/plaintiff

Hava Ungar

Respondent/defendant

Procedural Posture

Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario / Appeal (leave Granted)

Legal Issues

  1. 1 Whether a Jewish bill of divorcement (gett) obtained in Italy dissolved the parties' marriage for purposes of recognition in Ontario
  2. 2 Whether the parties acquired a domicile of choice in Israel upon arrival and thereby secured recognition of the divorce
  3. 3 Whether Ontario should recognize the foreign divorce when it was not recognized in the husband's domicile of origin (Hungary)

Ratio Decidendi

Given the parties' clear intention to settle in Israel and the circumstances of their migration, they acquired a domicile of choice in Israel upon arrival; Israeli law recognized the gett from delivery, rendering the respondent single and capable of marrying; therefore the respondent had capacity to marry the appellant and the appeal must be dismissed.

Court Disposition

Appeal dismissed with costs; judgment of the Court of Appeal for Ontario affirmed

Orders

  • Appeal dismissed with costs
  • Order of the Court of Appeal for Ontario affirmed