What is the current state of the law on presumption of death and continuance of life?

Ontario, Canada


The following excerpt is from Sherman v. National Life Assurance Co. of Canada, 1995 CanLII 7405 (ON SC):

The law relevant to this application is well-settled. The governing principles are those set out by MacKay J. in Sheehy v. Robinson, [1947] O.W.N. 121 (H.C.J.) at pp. 121-2: 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. (3) 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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