Unauthorized Wedding Officiant

In Ontario, there are specific requirements for a valid marriage. One requirement is that your marriage must be solemnized by an authorized official, in other words you must have an authorized official performing the marriage ceremony.

If your marriage is a religious marriage, a recognized religious official can be the authorized official. Ontario maintains a list of registered religious officials authorized to perform marriages in Ontario. This list can be found at https://www.ontario.ca/data/registered-religious-officials.

If your marriage is a civil marriage, a judge, justice of the peace or authorized municipal clerk can be the authorized official.

There are some cases where a marriage is solemnized by an individual who is not an authorized official.

One such case is Matthews v Mutiso (2014 ONSC 4010), which can be found at https://www.canlii.org/en/on/onsc/doc/2014/2014onsc4010/2014onsc4010.html.

In this case, Ms. Matthews and Mr. Mutiso met online in 2012. Ms. Matthews resided in London, Ontario and Mr. Mutiso resided in Dubai, United Arab Emirates. Mr. Mutiso visited Ms. Matthews for the first time in Ontario in October 2012 for 10 days. During that time, Ms. Matthews and Mr. Mutiso got married. The parties obtained a marriage license and Ms. Matthews had found a person to solemnize their marriage.

After the marriage ceremony, Ms. Matthews visited Mr. Mutiso in Dubai for 12 days in December 2012, and Mr. Mutiso visited Ms. Matthews in London, Ontario for 12 days in March 2013.

The parties separated in June 2013. Ms. Matthews was notified by Service Ontario that the officiant they had used to solemnize their marriage was not authorized to perform marriages.

The Ontario Marriage Act section 31 specifically contemplated situations where the officiant was not authorized to perform marriages and provides that

“If the parties to a marriage solemnized in good faith and intended to be in compliance with [the Ontario Marriage Act ] are not under a legal disqualification to contract such marriage and after such solemnization have lived together and cohabited as a married couple, such marriage shall be deemed a valid marriage, although the person who solemnized the marriage was not authorized to solemnize marriage, and despite the absence of or any irregularity or insufficiency in the publication of banns or the issue of the licence.”

For Marriage Act section 31 to apply and deem an otherwise invalid marriage valid, four elements need to be met:

1. The marriage must have been solemnized in good faith;
2. The marriage must have been intended to be in compliance with the Marriage Act;
3. Neither party was under a legal disqualification to contract marriage; and,
4. The parties must have lived together and cohabited as a married couple after solemnization.

In this case, Ms. Matthews applied for an annulment (declaration that the marriage was void) and argued that the parties did not live together and cohabit as a married couple after solemnization, therefore section 31 of the Marriage Act did not apply and the marriage was not valid.

The Ontario Superior Court of Justice found that the parties’ marriage was valid, as in these circumstances the parties did live together and cohabit as a married couple within the context of their unique circumstances. Their unique circumstances being that Ms. Matthews and Mr. Mutiso resided in different countries, both voluntarily chose to pursue a long-distance relationship leading to marriage, there were three periods of time where they were physically together and living as a marriage couple, and the parties planned to have a child to make it easier for Ms. Matthews to sponsor Mr. Mutiso to come to Canada.

In other cases where parties did everything required to get married (i.e. get a marriage license, had capacity to marry, etc.) but discover the officiant who solemnized their marriage was not authorized, section 31 of the Marriage Act may apply to declare the marriage valid.