The applicant, George Chuvalo, brought a family law proceeding.
The respondent wife argued that the proceedings should be stayed under s. 10(2) of the Divorce Act to allow for reconciliation.
The court held a trial on the threshold issue of whether the applicant had the capacity to decide to reconcile or divorce.
Relying on expert medical evidence, the court found that the applicant lacked the capacity to decide whether to reconcile, as he could not appreciate the consequences of such a decision.
The Public Guardian and Trustee was appointed as his litigation guardian.
