DATE: 20061208

DOCKET: C45729

COURT OF APPEAL FOR ONTARIO

RE:

KENDRICK PETERS (Applicant/Appellant in appeal) – and – VERONICA EVINA MURRAY (Respondent/Respondent in Appeal)

BEFORE:

JURIANSZ, MACFARLAND and LAFORME JJ.A.

COUNSEL:

Kendrick Peters

In person

No one

for the respondent

HEARD & RELEASED ORALLY:

December 1, 2006

On appeal from the judgment of Justice Nancy L. Backhouse of the Superior Court of Justice dated June 30, 2006.

E N D O R S E M E N T

[1] We agree with the appellant that the application judge seems to have misunderstood the basis of his application to set aside the order granting a divorce and replace it with an order annulling the marriage.

[2] The application judge correctly stated that the fact that the marriage had been entered into for immigration purposes did not provide a basis for setting aside the divorce. However, the appellant’s application indicates that the basis for the application was that the respondent was already married at the time she married him. The material he filed in support of his application indicates that is the case. That evidence was not in dispute. The marriage between the appellant and the respondent was not valid as the respondent had no capacity to enter into it.

[3] The appeal is allowed, the divorce judgment is set aside and the marriage is hereby annulled.

"R.G. Juriansz J.A."

"J.L. MacFarland J.A."

"H.S. LaForme J.A."