The moving party sought to validate her marriage to an elderly man with worsening dementia, which was challenged by the responding party, the man's son.
The son had previously obtained a guardianship order in the wife's absence and alleged the marriage was predatory.
The court found that the son failed to adduce sufficient evidence that his father lacked the capacity to marry on the date of the wedding.
The court placed little weight on retrospective expert assessments and relied on direct evidence of the couple's long-term relationship and the father's understanding of the marriage.
The marriage was declared valid, and the son was ordered to pay $50,000 in full indemnity costs due to his egregious conduct.
