I’m not dead yet – Having the court declare you “undead”
There is a famous scene in Monty Python and the Holy Grail where an individual tries to include his very much still alive relative on a cart carrying out plague victims to the still alive individual’s protests. Upon being presented to be taken away, the individual loudly protests “I’m not dead yet” to the annoyance of the individual trying to have them taken away, resulting in a back-and-forth about whether they will be dead soon and should still be included on the cart. Hilarity ensues.
This scene from Monty Python always plays through my mind whenever I hear stories of individuals who are incorrectly declared dead by the court. The Toronto Star recently reported on a case about a man from Romania who returned from working abroad to find that his wife had had him declared dead by the court while he was away. Despite showing up to his own hearing to reverse the Order declaring that he was dead, the court refused to reverse the Order, saying that it was too late for him to do so. Stories such as these are surprisingly common, with an Ohio man having found himself in similar circumstances in 2013.
In Ontario, the process by which an individual is declared dead in absentia when there is no body is governed by the Declarations of Death Act, 2002. Although the Declarations of Death Act does not set out a process by which an individual who is still alive could reverse an Order finding that they were deceased, it notably does not contain any provision barring the reversal of such an Order, and does contain language providing what is to occur with the “deceased” individual’s property should they later found to be alive such that it appears that such an Order is possible.
Section 6(1) of the Declarations of Death Act provides that when an Order has been made declaring an individual dead, and their estate has been distributed, such a distribution is final even should the “deceased” individual subsequently be found to be alive. While section 6(3) grants the court special powers to order specific property be returned to the deceased individual, absent a specific court order to the contrary, the “deceased” individual’s property is now the property of those to whom it was distributed.
While it appears the Ontario court can reverse an Order incorrectly finding you to be deceased, you may not be so lucky in getting your stuff back. Maybe now we know why the man was so loudly protesting “I’m not dead yet” in the Monty Python sketch.
Thank you for reading.