What are the principles of law relating to presumption either of continuance of life or of death?

Saskatchewan, Canada


The following excerpt is from Noga v. Prudential Insurance Company of America, 1971 CanLII 798 (SK CA):

In my view, the principles of law relative to the presumption either of continuance of life, or of death, were correctly stated by Mackay J. in Sheehy v. Robinson et al., [1947] O.W.N. 121 as follows: “The authorities touching presumptions referable to the continuance of life and presumption of death are somewhat difficult to reconcile, but I am of opinion that the following principles of law are well established. “(1) That there is no presumption of death before the expiration of seven years from the time the missing person was last heard of or seen. “(2) That subject to certain exceptions as to the likelihood of a missing person keeping his identity unrevealed, there is a presumption of death after a lapse of seven years. “(2) That there is no presumption within such seven-year period respecting the time the death took place. “(4) That if any one claims, or bases a right upon death having taken place within a specific time within the seven years, the onus of proof lies on such person.”

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