R.H. v. R.T.

R.H. v. R.T.

Although the claimant experienced pressure, verbal abuse and depression, the evidence did not establish duress of such a degree that his will was overborne at the marriage ceremony; the presumption of consent arising from going through the ceremony was not rebutted and the annulment claim must be dismissed.

Citation
2011 BCSC 678
Parties
Claimant: R.H.; Respondent: R.T.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
25 May 2011
Procedural Posture
Annulment (nullity) Family Relations Act / Trial (reasons for Judgment)
Outcome
Claim for annulment dismissed
Legal Topics
Duress, Consent to Marriage, Annulment, Family Relations Act S.5(1)
Source Language
English
Family Law Marriage Nullity Mental Capacity/duress Duress Consent to Marriage Annulment Family Relations Act S.5(1)

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Parties

R.H.

Claimant

R.T.

Respondent

Procedural Posture

Annulment (nullity) Family Relations Act / Trial (reasons for Judgment)

Legal Issues

  1. 1 Whether duress vitiated the claimant's consent to marriage under s.5(1) of the Family Relations Act
  2. 2 What degree of pressure or vulnerability is required to rebut the presumption of consent created by going through the marriage ceremony
  3. 3 Assessment of claimant's mental state and vulnerability at the time of the ceremony

Ratio Decidendi

Although the claimant experienced pressure, verbal abuse and depression, the evidence did not establish duress of such a degree that his will was overborne at the marriage ceremony; the presumption of consent arising from going through the ceremony was not rebutted and the annulment claim must be dismissed.

Court Disposition

Claim for annulment dismissed

Orders

  • Claim for annulment dismissed