ADOPTION, THE MARSHALL CASE, AND THE CONFLICT OF LAWS

Abstract

This article focuses on the Supreme Court of Canada’s decision in Re Marshall, which decided a question of succession involving an adopted child. Having anticipated the contrary result, the author scrutinizes the judgment, arguing against the theory that the Court meant to overturn the previous law and in favour of the argument that the true issue was actually overlooked. It is submitted that had the Court applied the proper conflict of laws rules involving succession and status the contrary result would have been reached, and the author proceeds to set forth that approach.