What is the legal test for an action for nullity?

British Columbia, Canada


The following excerpt is from C.(H.L.) v. L.(M.A.), 2003 BCSC 1461 (CanLII):

Even where actions for nullity are undefended, courts have not granted declarations where the plaintiff has failed to establish the relevant facts (see Falk v. Falk, 1999 ABQB 570).

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