The applicant sought a declaration that he was not married to the respondent and an order that she vacate his property.
The parties participated in a religious marriage ceremony in 2004 while the applicant was still married to his first wife.
The court granted summary judgment declaring the marriage void ab initio, as the applicant lacked capacity to marry, rendering s. 31 of the Marriage Act inapplicable.
Consequently, the property was declared not to be a matrimonial home.
However, the court declined to order the respondent to vacate the property on an interim basis, finding she had a potentially meritorious constructive trust claim that required a trial.
