Gendron v. Gaudreault

Gendron v. Gaudreault

A marriage contract signed by a minor without the assistance required by law is absolutely null; estoppel does not bar relief absent proof of fraud or misrepresentation; the Superior Court's finding of reprehensible conduct justified cost allocation but did not affect the substantive nullity ruling.

Citation
[1978] 1 SCR 810
Parties
Appellant/plaintiff: Cécile Gendron; Respondent/defendant: Armand Gaudreault
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
24 June 1977
Procedural Posture
Matrimonial Law (marriage Contract Nullity) / Appeal to the Supreme Court of Canada From the Court of Appeal for Quebec
Outcome
Appeal allowed; judgment of the Court of Appeal set aside; judgment of the Superior Court reinstated.
Legal Topics
Marriage Contract, Nullity (absolute Vs Relative), Minor Assistance/consent, Estoppel, Prescription
Source Language
English
Family Law Civil Law Contract Law Marriage Contract Nullity (absolute Vs Relative) Minor Assistance/consent Estoppel Prescription

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Parties

Cécile Gendron

Appellant/plaintiff

Armand Gaudreault

Respondent/defendant

Procedural Posture

Matrimonial Law (marriage Contract Nullity) / Appeal to the Supreme Court of Canada From the Court of Appeal for Quebec

Legal Issues

  1. 1 Whether a marriage contract signed by a minor without the assistance required by law is absolutely or relatively null
  2. 2 Whether estoppel/misrepresentation by the minor prevents relief
  3. 3 Whether prescription or ratification bars the action

Ratio Decidendi

A marriage contract signed by a minor without the assistance required by law is absolutely null; estoppel does not bar relief absent proof of fraud or misrepresentation; the Superior Court's finding of reprehensible conduct justified cost allocation but did not affect the substantive nullity ruling.

Court Disposition

Appeal allowed; judgment of the Court of Appeal set aside; judgment of the Superior Court reinstated.

Orders

  • Set aside the decision of the Court of Appeal and reinstate the Superior Court judgment declaring the marriage contract null.
  • Costs in this Court and in the Court of Appeal awarded to the appellant; Superior Court order that appellant pay all costs upheld.