Emily Clough and Michael Larsen recently presented their paper “The (Not So) Simple Contract: Mental Capacity & The Act of Marriage” at the Canadian Elder Law Conference on November 3rd.

Their paper outlines the current common law legal test that an individual must meet to be considered mentally capable of marriage, and examines the historical origins of this test, and why it may be ill suited to the modern understanding of marriage. It also explores alternative formulations of this test in light of their likely impact and the evolving jurisprudence in the area.