What is the test for the presumption of death of a person who has been missing for 7 years?

Ontario, Canada


The following excerpt is from Wasylyk v. Wasylyk, 2012 ONSC 7029 (CanLII):

Section 2(1)(a) of Ontario’s Act requires that not only must the person making the application be an “interested person”, but that all other “interested persons” known to the applicant be given notice of the proceedings. Like the English law from which it originally derives, the Act demands that the missing person be unheard from by family members or other persons likely to have been in contact with him in order for the presumption of death to be invoked. Chard v. Chard, [1955] 3 WLR 954. More than that, it requires in section 2(5)(c ) that the applicant make “reasonable inquiries” to ensure that “no other person has heard of or from the individual during the seven year period”.

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