INTRODUCTION
Since contesting the validity of a marriage on the ground of incapacity is an imperfect approach, as seen from case law mentioned in the previous articles relating to predatory marriages, there is a need to explore other potentially available rights and remedies to react to what is actually happening in today’s society. The purpose of this article is to consider other grounds, including equitable grounds, upon which a court has the jurisdiction to set aside a predatory marriage as a nullity, that is, to declare it void ab initio, as if it never happened, and also to remedy the wrongs caused by a predator spouse.
Recent cases have awarded equitable and common law remedies in cases of financial elder abuse, [1] but so far such remedies have not yet been applied in Canada in cases of predatory marriages.
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