What is the legal test for annulment of a marriage for a cause of coercion?
Saskatchewan, Canada
The following excerpt is from Thompson v. Thompson, 1971 CanLII 754 (SK QB):
With respect to annulment of a marriage for such a cause, Taylor J. in Kawaluk v. Kawaluk, 1927 CanLII 249 (SK QB), [1927] 3 D.L.R. 493 at 496 (Sask.) said: “I think I can say after reading the authorities that it is settled law that a marriage on a consent obtained by a coercion amounting to duress is not void ab initio but voidable.” In that case Taylor J. found on the evidence that the plaintiff clearly elected to ratify the marriage.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the meaning of the words “the marriage of the testator” and “made in contemplation of the marriage” in the Marriage of the Testator? (Saskatchewan, Canada)
How have the courts dealt with the issue of traditional marriage in the context of maintenance and/or traditional marriage? (Saskatchewan, Canada)
In a common-law marriage between Indians living on a reserve, can a common law marriage be valid? (Saskatchewan, Canada)
What is the test for an action for a declaration of nullity of marriage on the ground of coercion? (Saskatchewan, Canada)
What is the test for marriage to be held in a civil marriage? (Saskatchewan, Canada)
Can a volunteer who obtained registration of title from a transferor who had no legal right to give it to the transferor be found liable to rectify the register if the volunteer who did not have the right to do so, but had no other legal right? (Saskatchewan, Canada)
What is the test for liability for damage caused to a person’s property by workmen who cause damage to the property? (Saskatchewan, Canada)
Does the word "cause of action" mean the whole cause of action? (Saskatchewan, Canada)
What is the legal test for dissolution of a marriage? (Saskatchewan, Canada)
Can para. 392 of the Criminal Code per se create a cause of action capable of supporting its claim? (Saskatchewan, Canada)
