The appellant’s spouse went missing in 2008. In 2017, the appellant obtained a declaratory judgment of her spouse’s death pursuant to art. 92 of the Civil Code of Québec in a proceeding contested by the spouse’s life insurance company. After the spouse was declared deceased, the life insurance company applied to annul the declaration of death on the basis that there was evidence he was alive in another country as late as 2018. The application was not served on the party declared to have died.The Superior Court of Quebec judge granted the life insurance company’s application and annulled the declaration of death. She concluded that there was no prejudice flowing from the fact that the application was not served on the declared decedent. The Court of Appeal allowed an appeal only with respect to application judge’s costs award but otherwise affirmed the Superior Court judge’s decision.

Argued Date

2025-10-10

Keywords

Status of persons — Absence — Return — Declaratory judgment of death — Life insurance company seeking to annul declaratory judgment of death — What proof of return is required to annul a declaratory judgment of death — Whether an application by a third party to annul a declaratory judgment of death must be served on the person declared to be deceased — Civil Code of Québec, arts. 92, 97, 98.

Notes

(Quebec) (Civil) (By Leave) (Sealing order) (Certain information not available to the public)

Language

English Audio

Disclaimers

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