Case information
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39955
Raymond Tanti v. Sharon Joseph, et al.
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2023-05-03 | Close file on Leave | |
| 2023-05-02 | Certificate of taxation issued to, Joy Nwawe (for Sharon Joseph) | |
| 2023-05-02 | Decision on the bill of costs, in the amount of $1,277.00, Reg | |
| 2023-05-02 | Submission of the bill of costs, Reg | |
| 2022-08-22 | Bill of costs, Completed on: 2023-01-12 | Sharon Joseph |
| 2022-04-07 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-04-07 | Judgment on leave sent to the parties | |
| 2022-04-07 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C69056, 2021 ONCA 717, dated October 14, 2021, is dismissed with costs to the respondent, Sharon Joseph. Dismissed, with costs |
|
| 2022-03-07 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-01-27 | Correspondence received from, (Letter Form), Kathleen Kinch is appointed to represent Paul Tanti pursuant to the section 3 of the Substitute Decisions Act., (Printed version due on 2022-02-03) | Paul Tanti |
| 2022-01-24 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2022-02-14, (Printed version filed on 2022-02-01) | Raymond Tanti |
| 2022-01-18 | Certificate (on limitations to public access), (Letter Form), (Printed version due on 2022-01-25) | Sharon Joseph |
| 2022-01-18 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-01-20, (Printed version filed on 2022-01-27) | Sharon Joseph |
| 2021-12-21 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2021-12-21 | |
| 2021-12-10 | Certificate (on limitations to public access), 23A | Raymond Tanti |
| 2021-12-10 | Application for leave to appeal, (Book Form), Completed on: 2021-12-13 | Raymond Tanti |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Tanti, Raymond | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Joseph, Sharon | Respondent | Active |
| Tanti, Paul | Respondent | Active |
| Office of the Public Guardian and Trustee | Respondent | Active |
Counsel
Party: Tanti, Raymond
Counsel
1 James Street South, 10th Floor
Hamilton, Ontario
L8P 4R5
Telephone: (289) 813-8383
FAX: (289) 813-7746
Email: kjs@scullionlaw.ca
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Joseph, Sharon
Counsel
202 - 1111 Finch Avenue West
North York, Ontario
M3J 2E5
Telephone: (416) 767-5992
FAX: (416) 391-6055
Email: joytricia2011@yahoo.com
Party: Tanti, Paul
Counsel
45 Bridge Street East Campbellford, Ontario K0L 1L0
Campbellford
K0L 1L0
Telephone: (705) 653-4023
FAX: (705) 653-0230
Email: kat@kinchlitigation.com
Party: Office of the Public Guardian and Trustee
Counsel
800 – 595 Bay Street
Toronto, Ontario
M5G 2M6
Telephone: (647) 282-0159
FAX: (416) 314-2673
Email: michelle.marasco@ontario.ca
Summary
Keywords
Family law — Marriage — Capacity — Status of persons — Capacity — Elderly person entering into marriage with long term companion shortly before being diagnosed with cognitive impairments — What should the common law test be in Canada for capacity to marry? — Whether the test should require an ability to manage oneself and one’s property, and related questions of who should bear the burden of proof of capacity in suspicious circumstances — What roles do retrospective medical opinions and lay person’s evidence of capacity play in such determination?
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
The applicant, Raymond Tanti, is the son of the respondent, Paul Tanti, an elderly man who married his younger live in companion, the respondent, Sharon Joseph, on July 27, 2019. Paul and Sharon met in 2014 and by 2018, Sharon had moved into Paul’s home. Raymond would visit once a week to check in on his father, drop off groceries and exchange his laundry. Raymond did not like Sharon and during his visits, he pressured Paul to end his relationship with her. Shortly after the marriage, Paul executed a power of attorney in favour of Sharon. After Raymond learned of the power of attorney and the marriage, and while Sharon was away, he obtained a guardianship order over his father, changed the locks on Paul’s door and left a letter for Sharon advising that Paul was now living with Raymond. Sharon moved to set aside the guardianship order. The court ordered a trial of the issue of Paul’s capacity to enter into the marriage.
The trial judge held that Paul had the capacity to enter into the marriage and that the marriage was valid. This decision was upheld on appeal.
Lower court rulings
Ontario Superior Court of Justice
2020 ONSC 8063, CV-19-3583
The respondent, Paul Tanti held to have legal capacity to marry; Marriage declared valid
Court of Appeal for Ontario
2021 ONCA 717, C69056
Applicant’s appeal dismissed
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
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