The sad case between boxer George Chuvalo and his family sheds light on questions of mental capacity
As Canada’s baby boomers age, their health declines and legal issues can increase. Many of those issues involve questions of ‘capacity’ — often, whether an individual has or had the capacity to make certain financial decisions.
But capacity can also be a problem when couples separate. Because spouses can make property and support claims against the other spouse once there has been a separation, there can be a question whether a spouse had the ability to decide to separate, reconcile or divorce.
Justice Frances Kiteley recently dealt with the mental capacity to reconcile in the 2018 decision of Chuvalo v. Chuvalo, a sad case between the famous boxer, George Chuvalo, and his family.