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Divorce Explained with Steve Benmor & Leanne Townsend
Whether you’re just beginning to consider separation, trying mediation, or overwhelmed with divorce litigation, you likely have many questions. Divorce Explained has the answers. Each week, co-hosts Steve Benmor and Leanne Townsend cover the many questions and concerns commonly associated with divorce and separation. You’ll learn about the latest developments in family law, legal strategies you can use to support your divorce case, advice on how to mitigate the impact of divorce on your family, and more.
Divorce Explained with Steve Benmor & Leanne Townsend
Marriage Annulment - Recent Case Law
Annulments are rare—but what happens when a marriage isn’t consummated and the court is asked to undo it instead of granting a divorce?
In this week’s episode of Divorce Explained, Leanne and Steve speak with family lawyers Barry Nussbaum and Rebecca Ye—counsel for the applicant—to unpack Justice Presser’s January 2025 Ontario decision in S.M. v. R.F. (2025 ONSC 4155), where the court granted an annulment for non-consummation.
We’ll cover:
- Annulment vs. divorce—what an annulment is (and isn’t)
- The legal test for non-consummation: incapacity vs. refusal
- Culture and religion—why the court focused on the legal test, not social stigma
- Evidence that moved the needle: digital messages, medical checks, and a religious witness
- Practical takeaways: costs, risks, and when pursuing annulment makes sense
Tune in for a clear, candid breakdown of a rare remedy—and what it reveals about how Ontario courts view marriage and annulment today.
