(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

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Highstreet shopping centre is holding its Land of Boo from now until Halloween. Visitors are invited to dress in costume and take their picture in front of one of the Halloween-inspired backdrops. (Highstreet photo)
Abbotsford celebrates Halloween with pandemic in mind

Socially distanced events replace usual spooky activities

Abbotsford resident have submitted a number of jack-o-lantern photos. (Pixaby)
SLIDESHOW: Abbotsford shows off jack-o-lanterns

Social media users submit jack-o-lantern photos for Halloween 2020

The number of new COVID-19 cases has risen sharply in Vancouver and the Fraser North region over the last week.
Chart: Tyler Olsen
CHARTS: Weekly COVID-19 case counts continue to rise in Fraser Valley

The number of new COVID-19 cases has risen sharply in Vancouver and the Fraser North region.

Among the pumpkin carvings created this year by Rick Chong of Abbotsford is this tribute to fallen officer Cont. Allan Young.
Abbotsford pumpkin carver’s creations include fallen police officer

Rick Chong carves and displays 30 pumpkins every year

Record-low returns of salmon have been recorded on the Fraser River in recent years. (Fisheries and Oceans Canada)
Time for Indigenous-led salmon strategy on the Lower Fraser, says Alliance

‘Closures of First Nations, commercial and recreational salmon fishing’ have huge impact: LFFA

Physical distancing signs are a common sight in B.C. stores and businesses. THE CANADIAN PRESS
272 more COVID-19 cases for B.C., outbreak at oil sands project

Three new health care outbreaks, three declared over

This house at 414 Royal Ave. became notorious for its residents’ and visitors’ penchant for attracting police. It was also the site of a gruesome torture in August 2018. It was demolished in 2019. KTW
6-year sentence for Kamloops man who helped carve ‘rat’ into flesh of fellow gang member

Ricky Dennis was one of three men involved in the August 2018 attack

An online fundraising campaign in support of the six-year-old boy, Edgar Colby, who was hit by a car on Range Road Oct. 25 has raised more than $62,000 in a day. (Submitted)
$62K raised in 1 day for boy in coma at BC Children’s after being hit by vehicle in Yukon

The boy’s aunt says the family is “very grateful” for the support they’ve received from the community

Health care employees take extensive precautions when working with people infected or suspected of having COVID-19. THE CANADIAN PRESS/Chris Young
WorkSafeBC disallows majority of COVID-19 job injury claims

Health care, social services employees filing the most claims

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

Vancouver Symphony Orchestra Maestro Otto Tausk. (Photo: vancouversymphony.ca)
50/50 lotto players buck up for Metro Vancouver musicians hit hard by COVID

‘Rapidly growing jackpot’ for VSO’s 50/50 draw as they go online with TheConcertHall.ca

Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Conservative leader Erin O’Toole rises during Question Period in the House of Commons in Ottawa on Wednesday October 28, 2020. (Adrian Wyld/The Canadian Press)
Conversion therapy ban gets approval in principle, exposes Conservative divisions

Erin O’Toole himself voted in favour of the bill, as did most Conservative MPs

CBSA. (Black Press Media File)
4 sentenced in B.C. steroid smuggling, distribution ring that spilled into U.S.

Canadian Border Services Agency announced the results of a lengthy investigation it called ‘Project Trajectory’

Most Read