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Content provided by Steve Benmor & Leanne Townsend, Steve Benmor, and Leanne Townsend. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Steve Benmor & Leanne Townsend, Steve Benmor, and Leanne Townsend or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://player.fm/legal.
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Marriage Annulment - Recent Case Law

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Manage episode 511303472 series 3311013
Content provided by Steve Benmor & Leanne Townsend, Steve Benmor, and Leanne Townsend. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Steve Benmor & Leanne Townsend, Steve Benmor, and Leanne Townsend or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://podcastplayer.com/legal.

Annulments are rare—but what happens when a marriage isn’t consummated and the court is asked to undo it instead of granting a divorce?

In this week’s episode of Divorce Explained, Leanne and Steve speak with family lawyers Barry Nussbaum and Rebecca Ye—counsel for the applicant—to unpack Justice Presser’s January 2025 Ontario decision in S.M. v. R.F. (2025 ONSC 4155), where the court granted an annulment for non-consummation.

We’ll cover:

  • Annulment vs. divorce—what an annulment is (and isn’t)
  • The legal test for non-consummation: incapacity vs. refusal
  • Culture and religion—why the court focused on the legal test, not social stigma
  • Evidence that moved the needle: digital messages, medical checks, and a religious witness
  • Practical takeaways: costs, risks, and when pursuing annulment makes sense

Tune in for a clear, candid breakdown of a rare remedy—and what it reveals about how Ontario courts view marriage and annulment today.

  continue reading

125 episodes

Artwork
iconShare
 
Manage episode 511303472 series 3311013
Content provided by Steve Benmor & Leanne Townsend, Steve Benmor, and Leanne Townsend. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Steve Benmor & Leanne Townsend, Steve Benmor, and Leanne Townsend or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://podcastplayer.com/legal.

Annulments are rare—but what happens when a marriage isn’t consummated and the court is asked to undo it instead of granting a divorce?

In this week’s episode of Divorce Explained, Leanne and Steve speak with family lawyers Barry Nussbaum and Rebecca Ye—counsel for the applicant—to unpack Justice Presser’s January 2025 Ontario decision in S.M. v. R.F. (2025 ONSC 4155), where the court granted an annulment for non-consummation.

We’ll cover:

  • Annulment vs. divorce—what an annulment is (and isn’t)
  • The legal test for non-consummation: incapacity vs. refusal
  • Culture and religion—why the court focused on the legal test, not social stigma
  • Evidence that moved the needle: digital messages, medical checks, and a religious witness
  • Practical takeaways: costs, risks, and when pursuing annulment makes sense

Tune in for a clear, candid breakdown of a rare remedy—and what it reveals about how Ontario courts view marriage and annulment today.

  continue reading

125 episodes

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