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The Supreme Court of British Columbia dismissed an application to annul a marriage for non-consummation, finding no physical or psychological incapacity, only a mutual decision not to consummate.
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 dismissed a motion to annul a marriage for non-consummation, finding the brief affidavits did not prove impotence or incapacity at the time of marriage.
Appeal dismissed in a nullity of marriage case. The Court held that prolonged cohabitation, delay, and the husband’s conduct could bar relief for impotence.
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