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Apr 4, 2018

Boxer's legal dispute sheds light on questions of capacity

By Laurie H. Pawlitza
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Special to the National Post View original

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.

This article was published in the National Post. To read the full article, please click here.