Kelley commented today in The Lawyer’s Daily, on mental capacity issues arising in the case of Canadian boxing legend George Chuvalo. A recent ruling of the Superior Court (2018 ONSC 311) found that Mr. Chuvalo lacks mental capacity to decide whether to reconcile with his second wife. Two of his adult children from his first marriage assert that their father wants a divorce, while his wife says he wishes to reconcile and is being forced away from her. The Court ruled that, although Mr. Chuvalo had said he wanted to live with his wife, he lacked an understanding of the financial, legal and emotional consequences of that decision.
An appeal of the decision has recently been commenced. One interesting issue on appeal will be whether the Court was correct on the test for mental capacity to reconcile with a spouse.
Read The Lawyer’s Daily article here.