(Black Press Media files)

(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

Just Posted

Parking time is to be limited in one spot on 9th. (Houston Today photo)
District seeks grant to update bylaws

And decides on 15-minute parking

Bench installation on 9th Street is another sign the project is nearing completion. (Houston Today photo)
Progress being made on 9th Street finish

District aiming for June completion

File photo
Mental health checks proving valuable

Police officer and nurse team up each week

The two billboards for the Cow Moose Sign project arrived in Topley last week with Justin Cradock, owner of Pitbull Trucking Ltd. and the area is now getting prepared for installation. (Dan Simmons photo/Houston Today)
Cow Moose sign project billboards arrive in Topley

Two billboards for the Cow Moose Sign project have arrived in Topley… Continue reading

File photo
Snow clearing changes would cost money, survey finds

Council being asked to give direction

Daily confirmed COVID-19 cases reported to B.C. public health, seven-day rolling average in white, to May 12, 2021. (B.C. Centre for Disease Control)
B.C. preparing ‘Restart 2.0’ from COVID-19 as June approaches

Daily infections fall below 500 Friday, down to 387 in hospital

On Friday, May 14 at Meadow Gardens Golf Club in Pitt Meadows, Michael Caan joined a very elite club of golfers who have shot under 60 (Instagram)
Crowds at English Bay were blasted with a large beam of light from an RCMP Air-1 helicopter on Friday, May 14. THE CANADIAN PRESS/Marc Grandmaison
Police enlist RCMP helicopter to disperse thousands crowded on Vancouver beach

On Friday night, police were witness to ‘several thousand people staying well into the evening’

People shop in Chinatown in Vancouver on Friday, February 5, 2021. THE CANADIAN PRESS/Jonathan Hayward
Vancouver community leaders call for action following 717% rise in anti-Asian hate crimes

‘The alarming rise of anti-Asian hate in Canada and south of the border shows Asians have not been fully accepted in North America,’ says Carol Lee

Sinikka Gay Elliott was reported missing on Salt Spring Island on Wednesday, May 12. (Courtesty Salt Spring RCMP)
Body of UBC professor found on Salt Spring Island, no foul play suspected

Sinikka Elliott taught sociology at the university

The first Black judge named to the BC Supreme Court, Selwyn Romilly, was handcuffed at 9:15 a.m. May 14 while walking along the seawall. (YouTube/Screen grab)
Police apologize after wrongly arresting B.C.’s first Black Supreme Court Justice

At 81 years old, the retired judge was handcuffed in public while out for a walk Friday morning

Dr. Steve Beerman, of Nanaimo, shows off his Dr. David Bishop Gold Medal, awarded for distinguished medical service. (Karl Yu/News Bulletin)
Queen presents Vancouver Island doctor with award for global drowning prevention

Dr. Steve Beerman receives Royal Life Saving Society’s King Edward VII Cup at virtual ceremony

Former UFV Cascades wrestling coach Arjan Singh Bhullar is now the ONE heavyweight champion after defeating Brandon Vera via TKO in round two on Saturday in Singapore. (ONE Championship)
Former UFV wrestling coach wins MMA championship

Arjan Singh Bhullar captures ONE heavyweight title, first Indian origin fighter to achieve honour

Astra Zeneca vaccine waits for injection in a Feb. 3, 2021 file photo. A Langley man has become the second B.C. resident to suffer a blood clot following an injection. (AP Photo/Frank Augstein)
B.C. man required emergency surgery after AstraZeneca vaccination

Shaun Mulldoon suffered ‘massive blood clot’ after jab

Most Read