Please use this identifier to cite or link to this item: https://hdl.handle.net/1959.11/3201
Title: "A Delicate Necessity": 'Bruker v. Marcovitz' and the Problem of Jewish Divorce
Contributor(s): Kennedy, Amanda L  (author); Kleefeld, John C (author)
Publication Date: 2008
Handle Link: https://hdl.handle.net/1959.11/3201
Abstract: Even hard cases can make good law — when courts ask themselves the right questions. Stephanie Bruker's case against ex-husband Jason Marcovitz was hard on two counts. Hard because, at its loftiest, one might say that it pits two religious freedoms against each other: a man's freedom not to grant a 'get' or Jewish divorce to his wife, and his wife's freedom to remarry according to the tenets of Judaism. Hard, too, because the wife's moral conduct was at odds with her stated beliefs - a not-infrequent fact of life, but one inconvenient for litigation. Overcoming the inconvenience and applying both domestic-law and comparative-law approaches, a 7:2 majority of the Supreme Court of Canada found for Bruker. In so doing, the Court reversed the Quebec Court of Appeal and upheld the trial judge's damages award against Marcovitz for not honouring an undertaking to appear before a rabbinical tribunal for the purpose of granting a 'get'.
Publication Type: Journal Article
Source of Publication: Canadian Journal of Family Law, 24(2), p. 205-282
Publisher: University of British Columbia
Place of Publication: Canada
ISSN: 0704-1225
Fields of Research (FoR) 2008: 180113 Family Law
Socio-Economic Objective (SEO) 2008: 940405 Law Reform
Peer Reviewed: Yes
HERDC Category Description: C1 Refereed Article in a Scholarly Journal
Publisher/associated links: http://www.heinonline.org/HOL/Page?collection=journals&handle=hein.journals/cajfl24&id=197
Appears in Collections:Journal Article

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