Heil v. Heil

Heil v. Heil

A mental condition creating an invincible aversion to the physical act of consummation constitutes legal incapacity to consummate and can ground a decree of nullity; on the facts the trial judge was justified in inferring such incapacity from the evidence and the marriage was properly annulled.

Citation
[1942] SCR 160
Parties
Appellant/plaintiff: Mathias Andrew Heil; Respondent/defendant: Edith Alice Heil
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
3 February 1942
Procedural Posture
Action for Annulment/nullity of Marriage / Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario
Outcome
Appeal allowed; judgment of the trial Judge restored; marriage annulled (majority). Davis J. dissented.
Legal Topics
Nullity of Marriage, Consummation, Incapacity, Mental Incapacity (invincible Repugnance), Evidence and Inference
Source Language
English
Family Law Marriage Law Nullity of Marriage Consummation Incapacity Mental Incapacity (invincible Repugnance) Evidence and Inference

Case Brief

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Parties

Mathias Andrew Heil

Appellant/plaintiff

Edith Alice Heil

Respondent/defendant

Procedural Posture

Action for Annulment/nullity of Marriage / Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario

Legal Issues

  1. 1 Whether non-consummation due to the wife’s refusal can ground a decree of nullity
  2. 2 Whether a mental condition producing an invincible aversion to consummation constitutes legal incapacity
  3. 3 Whether the trial judge was entitled to infer incapacity from the proven facts

Ratio Decidendi

A mental condition creating an invincible aversion to the physical act of consummation constitutes legal incapacity to consummate and can ground a decree of nullity; on the facts the trial judge was justified in inferring such incapacity from the evidence and the marriage was properly annulled.

Court Disposition

Appeal allowed; judgment of the trial Judge restored; marriage annulled (majority). Davis J. dissented.

Orders

  • Appeal allowed and judgment of trial Judge restored annulling the marriage
  • No costs in the Court of Appeal and in the Supreme Court of Canada