The Meaning of "Ordinary Residence" and "Habitual Residence" in the Common Law Provinces in a Family Law Context

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September 2006

Prepared by:
James G. McLeod
Professor
Faculty of Law
University of Western Ontario

Presented to:
Family, Children and Youth Section
Department of Justice Canada

The views expressed in this report are those of the author and do not necessarily represent the views of the Department of Justice Canada.

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© Her Majesty the Queen in Right of Canada, represented by the Minister of Justice and Attorney General of Canada, 2006

Table of Contents

• PREFACE
• OVERVIEW
• RESIDENCE, HABITUAL RESIDENCE, AND ORDINARY RESIDENCE IN THE CANADIAN COMMON LAW PROVINCES
  • 1. What does the term "residence" mean?
  • 2. What does the term "habitual residence" mean?
  • 3. (a) Does the interpretation which has been given to the term "habitual residence" under the Hague conventions differ from that under the common law and P/T legislation
  • 3. (b) Critical differences between Quebec and the common law provinces
  • 4. What does the term ordinary residence mean in the context of:
    • a. the common law
      b. any provincial/territorial legislation that uses the term
  • 5. Use of the terms "ordinary residence" and "réside habituellement" in provincial legislation
  • 6. Interpretation of the concepts of "ordinary residence" and "réside habituellement" in the Divorce Act
  • 7. Differences between the concepts of "habitual residence" and "ordinary residence"
• ENDNOTES

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