Lewkowicz v. Korzewich

Lewkowicz v. Korzewich

The English marriage certificate was admissible but only created a presumption of validity; because evidence of a prior foreign ceremony placed that presumption in doubt, the plaintiff (as claimant in criminal conversation) bore the strict onus to prove that a valid marriage de jure existed and he failed to discharge that burden, therefore the Court of Appeal's reversal was correct and the appeal is dismissed.

Citation
[1956] SCR 170
Parties
Plaintiff Appellant: Joseph Lewkowicz (sometimes known as Jozef Lewkowicz); Defendant Respondent: Joseph Korzewich
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
22 December 1955
Procedural Posture
Civil Action for Criminal Conversation and Alienation of Affections / Appeal to Supreme Court of Canada From the Court of Appeal for Ontario
Outcome
Appeal dismissed; judgment of the Court of Appeal for Ontario affirmed
Legal Topics
Criminal Conversation, Alienation of Affection, Validity of Marriage, Foreign Marriage, Bigamy, Presumption of Validity, Burden of Proof, Expert Evidence on Foreign Law
Source Language
English
Family Law Evidence Criminal Conversation Alienation of Affection Validity of Marriage Foreign Marriage Bigamy Presumption of Validity +2 more

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Parties

Joseph Lewkowicz (sometimes known as Jozef Lewkowicz)

Plaintiff Appellant

Joseph Korzewich

Defendant Respondent

Procedural Posture

Civil Action for Criminal Conversation and Alienation of Affections / Appeal to Supreme Court of Canada From the Court of Appeal for Ontario

Legal Issues

  1. 1 Whether a certified English marriage certificate constitutes strict proof of marriage for an action for criminal conversation
  2. 2 Whether evidence of a prior foreign ceremony rebuts the presumption raised by an English marriage certificate
  3. 3 Whether proof of foreign law is required to establish validity of a foreign marriage

Ratio Decidendi

The English marriage certificate was admissible but only created a presumption of validity; because evidence of a prior foreign ceremony placed that presumption in doubt, the plaintiff (as claimant in criminal conversation) bore the strict onus to prove that a valid marriage de jure existed and he failed to discharge that burden, therefore the Court of Appeal's reversal was correct and the appeal is dismissed.

Court Disposition

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

Orders

  • Appeal dismissed with costs
  • Judgment of the Court of Appeal for Ontario [1954] O.W.N. 402 affirmed