Bill Wong

The appellant appealed a trial decision finding that the deceased lacked the capacity to enter into a marriage with her shortly before his death.

The deceased was suffering from terminal cancer, Parkinson's disease, and pneumonia, and was heavily medicated.

The Court of Appeal upheld the trial judge's finding of incapacity based on medical and lay evidence regarding the deceased's physical and mental state.

The appeal was dismissed, and the appellant's claims for monetary relief under the Family Law Act and the Succession Law Reform Act were denied.

The appellants appealed a motions judge's decision dismissing their action.

The Court of Appeal found that the issues raised in the statement of claim had already been fully canvassed and decided against the appellants in prior arbitration proceedings.

Applying the doctrine of issue estoppel, the court held that the appellants could not pursue litigation simply because they were unsatisfied with the arbitration results.

The appeal was dismissed with costs.