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Ontario court recognises UK civil partnership as marriage

Court grants same-sex divorce

The Ontario Superior Court has granted a divorce to a same-sex couple who had entered into a civil partnership in the United Kingdom.

The court held that a civil partnership registered in a foreign country which did not permit same-sex marriage could qualify as a marriage for the purposes of Canadian law.

Wayne Hincks and Gerardo Gallardo entered into a civil partnership in London in 2009. In 2010 they emigrated to Canada. Both parties have Canadian citizenship. In 2012 Mr Hincks petitioned for divorce which Mr Gallardo resisted on the basis that they were not married.

Judge Mesbur said that refusing a divorce would "constitute impermissible discrimination. It seems to me that to do anything other than recognize this particular civil partnership as a marriage would run contrary to the express values of Canadian society."

For further details please see the report in The Globe and Mail.