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ARTICLE · 17 JULY 2024

James v James: A Reminder That Irrationality ≠ Incapacity

Hull & Hull LLP
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Disagreements are an inevitable part of relationships. With different upbringings, life experiences, and social circles, seeing eye-to-eye with another person on every decision is rare, if not impossible.

CanadaFamily and Matrimonial
Suzana Popovic-Montag
Suzana Popovic-Montag

Disagreements are an inevitable part of relationships. With different upbringings, life experiences, and social circles, seeing eye-to-eye with another person on every decision is rare, if not impossible. The relationship between a child and their aging parent is particularly difficult to navigate, especially when determining what is in the parent's best interests. James v James is a recent unreported decision involving a daughter who disagreed with her mother's management and use of her assets, alleging that her mother was incapable or unduly influenced. Justice Faieta of the Ontario Superior Court of Justice held the mother was capable, emphasizing that even though we may disagree with our parent's decisions and find them irrational, irrationality does not necessarily equate to incapacity.

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