Ordinary Residence – A Restatement

The decision of the Nova Scotia Court of Appeal in Quigley v. Willmore provides a useful restatement of the concept of ordinary residence, at least for the purpose of a provincial court assuming jurisdiction over divorce proceedings under s. 3(1) of the Divorce Act. The decision considers a number of relevant authorities and summarizes them into 6 relatively clear guidelines to be used in determining ordinary jurisdiction of a party.