B.C. judge cancels marriage annulment after finding woman posing as ex-wife was 'imposter'

A  B.C. Supreme Court judge in Kamloops has cancelled a marriage annulment after concluding that the woman who appeared before him to consent to the order was an "imposter."

In a ruling he said was necessary — in part — to prevent a "miscarriage of justice," Justice Dennis Hori last week set aside an order he granted almost a year ago after an application by two people who identified themselves via "remote audio connection" as Warren and Gina Zant.

According to the decision, the real Gina Zant "became distraught" when she was told about the annulment — which would have meant the loss of her interest in her ex-husband's pension plan.

"I am unable to determine, on the basis of the evidence before me, who actually appeared at the [annulment] application representing herself as Gina Elizabeth Zant. However, I am satisfied that whoever attended by telephone on that date was an imposter," Hori wrote.

"I am satisfied that where an imposter appears at an application representing themselves as a party, without the consent of the actual party, there is sufficient grounds to set aside the orders made at the application."

Hori's ruling follows an unusual set of circumstances that saw the judge reject "most, if not all" of Warren Zant's representations to the court — not least of which was a claim Zant himself was mentally incompetent.

According to the decision, Warren Zant married the real Gina Zant in the tropical Cook Islands on Nov. 27, 1999.

They split nearly two decades later, filing a separation agreement in which they agreed Gina Zant would receive survivor benefits under Warren Zant's Operating Engineers' Pension Plan.

The current set of proceedings was set in motion last year when Warren Zant applied to the court for an order annulling the marriage and removing Gina Zant "from being a beneficiary under [his] pension and benefits plans."

The application included correspondence from the Cook Islands stating that the marriage was "null and void."

A document bearing the signature "Gina E. Zant" was also filed with the court — consenting to the orders Warren Zant was seeking.

"I was fully aware that our marriage in the Cook Islands [was] not legally binding," the document read. 

Based on that information and the assurances of the two people who appeared by telephone as Warren and Gina Zant, Hori granted the annulment, as well as the order ending Gina Zant's right to be Warren Zant's pension beneficiary.

That was Nov. 24, 2021.