Chertkow v. Feinstein

Chertkow v. Feinstein

The evidence was insufficient to establish that the respondent was of unsound mind at the time of the marriage and the appellant failed to meet the burden of proof; therefore the annulment could not be granted and the appeal was dismissed.

Citation
[1930] SCR 335
Parties
Appellant: Chertkow; Respondent: Feinstein
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
3 October 1929
Procedural Posture
Annulment of Marriage / Appeal to Supreme Court of Canada From Appellate Division of the Supreme Court of Alberta
Outcome
Appeal dismissed with costs
Legal Topics
Capacity to Contract, Annulment, Unsound Mind, Evidence, Appellate Review
Source Language
English
Family Law Capacity to Contract Annulment Unsound Mind Evidence Appellate Review

Case Brief

Summary, issues, holding and outcome

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Parties

Chertkow

Appellant

Feinstein

Respondent

Procedural Posture

Annulment of Marriage / Appeal to Supreme Court of Canada From Appellate Division of the Supreme Court of Alberta

Legal Issues

  1. 1 Whether the respondent was of sound mind at the time of marriage and therefore had capacity to contract matrimony
  2. 2 Whether the evidence was sufficient to prove lack of capacity to justify annulment

Ratio Decidendi

The evidence was insufficient to establish that the respondent was of unsound mind at the time of the marriage and the appellant failed to meet the burden of proof; therefore the annulment could not be granted and the appeal was dismissed.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs