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The claimant succeeded in annulling a marriage on the basis that the respondent was incapable of consummating it. The court held medical evidence was not required.
Court ordered shared week-on/week-off parenting, restricted travel with K. to Canada for two years, set support, and granted a nullity of the marriage.
The court dismissed the annulment, property, and damages claims, granted a divorce, and awarded costs to the defendant after finding no proven non-consummation or deceit.
Because the parties agreed the marriage was never consummated and the evidence permits a reasonable inference that the respondent is psychologically unable to consummate the marriage, the Court set aside the application judge's order and granted an annulment without requiring independent evidence of incurability.
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