The Concepts of Habitual Residence and Ordinary Residence in Light of Quebec Civil Law, the Divorce Act and the Hague Conventions of 1980 and 1996

Part II: Habitual Residence in Quebec Law and Under the 1980 and 1996 Hague Conventions (cont'd)

Question 5: Is there a difference of interpretation in Quebec case law between the French version ("résidence habituelle") and the English version ("ordinary residence") of article 77 C.C.Q.?

E.M. Clive[162] very properly points out that the ordinary/extraordinary dichotomy does not necessarily correspond to the one between habitual/temporary, since

A residence undertaken for extraordinary reasons could well be or become a habitual residence.

To my knowledge, there are no cases in Quebec law that have interpreted the English version of article 77 C.C.Q. Since in Quebec law ordinary residence and habitual residence are assimilated, there is no reason to think that the English version "ordinary residence" would be interpreted differently from the French one.

Date modified: