Ending A Bigamous Marriage Takes Two Attempts (At Least) - Amam v. Jan

This case asked the Court to consider the unusual situation of a party to a potentially valid polygamous marriage (performed in Pakistan) asking for a divorce from her husband. Initially, the Court of Queen's Bench declined to hear evidence from either party on the basis that Ms. Azam had admitted in her pleadings that Mr. Jan was married at the time of their marriage in Pakistan, and thus the marriage was void. However, the Court of Appeal found that a trial was necessary to resolve disputed factual issues and allowed Ms. Azam's appeal (Azam v Jan, 2012 ABCA 197) 

In response to the Court of Appeal's order to hold a trial on the merits, Madame Justice Erb heard evidence and gave a potentially precedent-making decision. Applying the "dual domicile principal", the Court addressed itself to whether both parties had the capacity to enter into the marriage under the laws of their respective homes (Pakistan for Ms. Azam; Canada for Mr. Jan). On this basis, Erb J. found