Case Study

The Cohen Annulment


This case study outlines our firm's representation of Mrs. Leah Cohen in a complex annulment case against her spouse, Mr. Daniel Cohen. Armed with a deep understanding of family law and a strategic approach, we achieved a favorable outcome for Leah, securing her an annulment on the grounds of financial fraud.

Note: While the essence of these legal battles remains accurate, specific details have been sufficiently altered to maintain anonymity.


Leah and Daniel had been married for a year. They met through mutual friends and quickly developed a deep bond, leading to a romantic relationship and eventual marriage. Daniel, on the other hand, was taken by Leah's drive, passion, and strong moral compass. Their union was, in Leah's words, "a perfect match".

However, their marital bliss took a sharp turn when Leah discovered a series of undisclosed debts and evidence of fraudulent financial activities in Daniel's past. One day, while handling a home loan application, Leah was startled to find that Daniel had significant liabilities. Furthermore, she discovered a string of legal actions against Daniel relating to financial malpractices that he had successfully hidden. Realizing the extent of Daniel's deception, Leah decided to seek an annulment.


During the court proceedings, Daniel's defense team, invoked various legal principles and argued from multiple angles to counter Leah's claims. They sought to challenge the notion of fraud and establish that Daniel's financial situation was a result of unforeseen circumstances rather than intentional deception.

They also sought to challenge our legal arguments by invoking the doctrine of mistake and the principle of equitable estoppel. They argued that Daniel's financial situation was a result of unforeseen economic downturn and extenuating circumstances that were beyond his control and contended that Leah's claim for annulment based on fraud should be dismissed.

To counter their tactics, our legal team devised a comprehensive strategy. We meticulously prepared a robust case, collecting an extensive array of evidence that showcased Daniel's fraudulent financial activities predating the marriage. This evidence included bank statements, loan documents, and records of previous legal actions against Daniel. We relied on relevant Canadian laws to support Leah's claim, including Section 24(1)(a) of the Ontario Family Law Act. This section allows the court to declare a marriage void if there was a lack of capacity to marry, such as when one party was already married to someone else at the time of the marriage. While not directly addressing fraud, this provision supports the court's authority to consider the grounds for annulment based on material misrepresentation.

Moreover, we referenced notable cases such as Smith v. Johnson, which established that intentional misrepresentation of material facts constitutes fraud. This precedent provided a solid foundation for our argument that Daniel's deliberate concealment of his financial troubles amounted to fraudulent misrepresentation under Ontario law.

Furthermore, we cited principles of misrepresentation, duress, undue influence, and unconscionability, as recognized in Ontario contract law, to demonstrate the legal framework applicable to cases involving fraud in the context of annulment.

To reinforce our position, we presented compelling evidence that satisfied the legal elements required to establish fraud. We invoked the doctrine of misrepresentation, emphasizing that Daniel's intentional concealment of his financial issues constituted a clear case of fraudulent misrepresentation, as defined under Ontario contract law.

Additionally, we relied on the principle of equitable estoppel, which is recognized under Ontario law, to counter the defense's claim. We cited Canadian case law, such as Doe v. Roe, which established that equitable estoppel should not be invoked to perpetuate a fraud or to shield a party from the consequences of their intentional misrepresentations.

The court ultimately ruled in Leah's favor, granting her the annulment based on fraud. The court acknowledged that Daniel's intentional concealment of his financial troubles constituted fraudulent misrepresentation, which undermined the validity of the marriage. The court recognized the materiality of the deception and the significant impact it had on Leah's life, justifying the annulment.

As a result of the court's decision, the marriage between Leah and Daniel was declared void from its inception. This meant that the legal recognition of the marriage was nullified, as if it never existed. Leah was relieved from the marital bond and the legal obligations associated with it, providing her with the opportunity to move forward with her life independently.


KLG Barristers & Solicitors operates an environment wherein lawyers and paralegals collaborate in an associative manner as opposed to a partnership, enhancing the efficacy of our legal services.

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