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Canada Case Law

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Family law 2020 BCSC 1588

Grewal v. Bal

The court dismissed a joint desk-order application to annul a marriage, finding no evidentiary basis for annulment and noting the procedural requirements were not met.

  • Annulment
  • Void vs voidable marriage
  • Failure to consummate
  • Burden of proof
  • Desk order procedure (rule 10-10)
  • Registrar certificate (form f36)
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Family law C40117

Feng v. Sung Estate

The trial judge's factual finding that the deceased lacked capacity to marry was supported by medical evidence and witness testimony (clouded mind, physical debility, inability to sign) and was open to the trial judge; therefore the appeal fails and the Superior Court order dismissing the appellant's monetary claims under the Family Law Act and the Succession Law Reform Act is affirmed.

  • Capacity to marry
  • Void vs voidable marriage
  • Undue influence
  • Fraud
  • Duress
  • Costs
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