45 St. Clair Ave. West, Suite 600
Toronto, Ontario, M4V 1K9
Tel: (416) 925-7400

Yet Another May-December Marriage – Update

Earlier this year I posted a blog on Tanti v Tanti,[1] which was a case in which an elderly man married a younger woman.[2] His son took action after his stepmother was away on vacation. He moved his father to his own home and brought an application for various remedies. In a trial on the issue of the validity of the marriage, Mandhane J. considered the “test” for capacity to marry and referred to a number of cases on point. Her Honour found that the elderly man had capacity to marry and that there was no evidence that the younger woman was the man’s hired caregiver or that she manipulated the man into entering into a relationship with her. The evidence from independent witnesses was to the contrary. Nor was there evidence of predation or duress. I believe that Justice Mandhane came to the right conclusion on the facts.

The son appealed and the Court of Appeal has now dismissed the appeal.[3] It held that the trial judge applied the correct test for capacity to marry and did not err in reaching her decision.

[1]    2020 ONSC 8063.

[2]    See “Yet Another May-December Marriage”. https://welpartners.com/blog/2021/01/yet-another-may-december-marriage/.

[3]    Tanti v Tanti, 2021 ONCA 717.

Previous Post:
Next Post:
Click here or on top Blog logo to return to Blog front page.

Search Blog by Keyword(s)

Site Search

Site Map