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SCC Decision: December 14, 2007

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Bruker v. Marcovitz, 2007 SCC 54
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(Contracts / Freedom of conscience and religion / Religious aspect)
M. and B. were divorced in 1981.  As part of an agreement negotiated during the divorce proceedings, both parties agreed to obtain a Jewish divorce, called a "get".  The get is required in order to remarry under Jewish law.  Subsequently, M. withheld consent for a get for 15 years, preventing B. from remarrying under Jewish law.  The trial court found that the contract was valid, and awarded B. damages for the breach of the contract.  The Court of Appeal overturned that decision.  The Supreme Court upheld the trial judge's decision, finding that the contract was valid, and that enforcing the contract did not violate M.'s freedom of religion.
Majority/Dissent: 7/2