(Black Press Media files)

B.C. marriage annulled because husband was unable to have sex with wife

Husband did not disclose any sexual health concerns to his wife prior to marriage

A B.C. Supreme Court judge has granted a woman an annulment after her husband was unable to maintain an erection or have sexual intercourse with her.

In a judgement released earlier this month, Justice Wendy Baker noted that precedent was set in 1857 for the courts to annul a marriage based on impotency. Prior to that, ecclesiastical courts were the only way to annul a marriage.

“Pursuant to the domestic law of British Columbia, a marriage is voidable where a claimant has established their spouse lacks the capacity to consummate the marriage,” Baker wrote.

The couple, dubbed S.Z. and X.J. to protect their privacy, were married on Aug. 11, 2018. The wife, S.Z., had sought an annulment instead of a divorce due to her faith.

According to Baker, evidence showed the couple attended pre-marriage counselling sessions at the Chinese Alliance Church in Vancouver, although X.J. did not disclose to his future wife that he had any sexual health concerns.

Baker said the couple did not live together prior to marriage but did discuss having children together. The marriage was never consummated despite the couple’s attempts at sexual intercourse about twice a week from August 2018 to March 2019.

The wife is alleged to have asked her then-husband to see a doctor about his sexual health in June 2019 but he put it off. Later, the couple did see a doctor for a blood test, although the test did not reveal any health issues. The wife then asked her husband to get a second opinion, and alleges they tried to have sex four to five times a week after the initial doctor’s visit, but the parties stopped living together in September 2019.

In her judgement, Baker wrote that although in earlier times, impotency needed to be permanent and without the chance of a cure, that was unnecessary for her to grant an annulment in 2020.

“I am satisfied that the extremely strict standard of proof required in earlier centuries resulted from an apparent horror of impotency within the cultural norms of those times. I am not satisfied that this extremely strict standard of proof is necessary or appropriate today.”

ALSO READ: Two pillows, ‘Magic Wand’ vibrator at centre of B.C. civil dispute between exes

ALSO READ: Cheating husband sues mistress for gifted ring after wife learns about affair


@katslepian

katya.slepian@bpdigital.ca

Like us on Facebook and follow us on Twitter.

Want to support local journalism during the pandemic? Make a donation here.

BC Supreme CourtRelationships

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

B.C. Green Party leader Sonia Furstenau outlines her party's climate action platform at Nanaimo's Vancouver Island Conference Centre earlier this month. (News Bulletin file photo)
Green leader Furstenau declared victor in her home riding on Vancouver Island

Cowichan Valley voters elect freshly minted party leader for her second term

John Horgan has been re-elected the MLA for Langford-Juan de Fuca. (File-Black Press)
Horgan trounces challengers to be re-elected in his Vancouver Island riding

MLA has represented constituency of Langford-Juan de Fuca and its predecessors since 2005

Global Village Nanaimo recently opened for the fall at 6581 Aulds Rd. near Home Depot. (Photo submitted)
Non-profit fair-trade store in Nanaimo offering new ways to shop

Global Village Nanaimo open until Dec. 24 on Aulds Road

Conservation officers hope the public can provide information about who shot and left a bull and cow Roosevelt elk near Spruston Road, south of Nanaimo. (Photo: Facebook)
Pair of Roosevelt elk shot and left in woods south of Nanaimo

Conservation officers hope public can help find who killed the animals near Spruston Road

Police in Nanaimo hope the public can help find Ovidiu Bezdan, wanted for mischief and assault. (Photo submitted)
Nanaimo man wanted for throwing merchandise at convenience store clerk

Police in Nanaimo hope public can help find Ovidiu Bezdan, wanted for assault and mischief

Mariah Charleson, Nuu-Chah-Nulth Tribal Council vice-president, left, was among those voicing support for Mi’kmaq lobster harvesters in Nova Scotia that are seeing their catch dumped and taken and property damaged. A solidarity rally was held at Maffeo Sutton Park on Oct. 22. (Karl Yu/Nanaimo News Bulletin)
Solidarity rally in Nanaimo sees support for Mi’kmaq lobster fishers

Indigenous people and supporters gather at Maffeo Sutton Park Thursday

Canada’s Chief Public Health Officer Theresa Tam responds to a question during a news conference Friday October 23, 2020 in Ottawa. Canada’s top physician says she fears the number of COVID-19 hospitalizations and deaths may increase in the coming weeks as the second wave continues to drive the death toll toward 10,000. THE CANADIAN PRESS/Adrian Wyld
Canada’s top doctor warns severe illness likely to rise, trailing spike in COVID-19 cases

Average daily deaths from virus reached 23 over the past seven days, up from six deaths six weeks ago

Two men were stranded on Snake Island after their small boat was blown away by strong winds Wednesday. (News Bulletin file photo)
Boat blows away, stranding fishermen on Snake Island in the strait near Nanaimo

Marine search and rescue team picked up men on windy afternoon Wednesday

A Le Chateau retail store is shown in Montreal on Wednesday July 13, 2016. Le Chateau Inc. says it is seeking court protection from creditors under the Companies’ Creditors Arrangement Act to allow it to liquidate its assets and wind down its operations.THE CANADIAN PRESS/Ryan Remiorz
Clothing retailer Le Chateau plans to close its doors, files for CCAA protection

Le Chateau said it intends to remain fully operational as it liquidates its 123 stores

100 Mile Conservation officer Joel Kline gingerly holds an injured but very much alive bald eagle after extracting him from a motorist’s minivan. (Photo submitted)
B.C. driver thought he retrieved a dead bald eagle – until it came to life in his backseat

The driver believed the bird to be dead and not unconscious as it turned out to be

Chastity Davis-Alphonse took the time to vote on Oct. 21. B.C’s general Election Day is Saturday, Oct. 24. (Chastity Davis-Alphonse Facebook photo)
B.C. reconciliation advocate encourages Indigenous women to vote in provincial election

Through the power of voice and education Chastity Davis-Alphonse is hopeful for change

White Rock RCMP Staff Sgt. Kale Pauls has released a report on mental health and policing in the city. (File photos)
White Rock’s top cop wants to bill local health authority for lengthy mental-health calls

‘Suggestion’ included in nine-page review calling for ‘robust’ support for healthcare-led response

Green party Leader Sonia Furstenau arrives to announce her party’s election platform in New Westminster, B.C., on October 14, 2020. THE CANADIAN PRESS/Jonathan Hayward
B.C. Green party says it’s raised nearly $835,000 in 38 days

NDP Leader John Horgan is holding his final virtual campaign event

Most Read