Faizian v. Ashouri, 2023 ONSC 6703
Date of verdict: November 29, 2023
This case involves various questions, of which we will be investigating two major ones.
The couple in this case got married on August 22, 1997, with a dowry of a volume of the Holy Quran, a mirror, and a candlestick, as well as 356 Bahar Azadi coins.
In November 2018, separation occurred, and, in January 2020, a divorce petition was filed by the wife.
One of the questions that arises in this case is whether or not a dowry can be claimed at a Canadian court.
The husband states that a dowry agreement contradicts and disturbs the Canadian public order.
The court responds that, in accordance with the Ontario Family Law, the parties can sign an agreement, when getting married, to stipulate their rights and responsibilities in the event of a divorce. However, this will include most but not all of their rights and responsibilities. For example, they may decide about all of their assets except their main place of residence, but they may not decide about child custody. The only condition is that it must be a written agreement, signed by both parties and two witnesses. Consequently, a dowry is also a marital agreement and the resulting stipulations are legally binding. The court also emphasizes that a dowry agreement is recognized by Canadian courts, and there are significant legal procedures at work for it.
This case also poses an interesting side question: can a dowry be claimed in Iran and Canada simultaneously? If a wife claims her dowry through Iranian authorities, will this prevent her from claiming it again in Canada?
In this case, the wife already claimed her dowry in Iran and got a court order for property seizure against the husband, and the husband, on the other hand, is avoiding traveling to Iran for fear of facing an arrest warrant and not being able to return to Canada.
Regarding this question, the court, without going through the details, rules that both parties may proceed with any sort of legal procedure in Iran, as this will not prevent a Canadian court investigation. Therefore, a dowry can be claimed with Iranian and Canadian courts at the same time.
