733 - The Capacity to Divorce - Calvert v. Calvert

This week on Hull on Estates, Doreen So and Geoffrey Sculthorpe discuss what it means to have the capacity to make life-changing decisions, especially when illness clouds the mind. In this episode, they dive into the landmark Ontario case of Calvert (litigation guardian of) v. Calvert, 1997 CanLII 12096 (ON SC), where Mrs. Calvert's ability to separate from and divorce her husband was fiercely contested due to her Alzheimer's diagnosis. Doreen and Geoffrey explore the legal capacity for separation, divorce, and instructing counsel through the voices of the family, lawyers, and medical experts in the case. Case reference: 1997 CanLII 12096 (ON SC) | Calvert (litigation guardian of) v. Calvert | CanLII