A man leaves Brossard in 2008, saying he's heading to Toronto on business. He never comes back. Eight years later, his wife has him declared dead. But the life insurer — the one who would have to pay — discovers he is very much alive. In Iran. The Supreme Court of Canada rules today: a declaration of death can be annulled even when the "dead" man refuses to show up.
What happened — a disappearance that looks like a flight
In February 2008, Hooshang Imanpoorsaid — originally from Iran, living in Brossard with his wife — left home saying he had a business trip to Toronto. He never showed up there. His family never saw him again. The police investigation went nowhere.
In 2016, after seven full years of silence — the threshold set by the Civil Code of Quebec under article 92 — his wife Deborah Riddle obtained a declaratory judgment of death. Life insurer ivari had opposed it from the start, arguing that the circumstances pointed to a voluntary disappearance rather than a death. The court granted it anyway: the law does not allow blocking a declaration of death simply because the circumstances look suspicious, once seven years have passed.
But ivari did not let it go. The company hired investigators and obtained documents from Iranian authorities: in 2015, a man matching the name and description of Mr. Imanpoorsaid was issued a national identity card in person by Iran's state census agency. Iranian civil registry records showed no death. Two passports had been issued since 2008. Between 2008 and 2017, this person flew in and out of Iran at least 16 times — including three times after the death judgment was issued. In December 2018, he registered for social assistance in Iran.
"A declaratory judgment of death presumes the death of the absentee — it does not establish it. This judgment is a legal fiction and must always yield to proof that the missing person is currently alive."— Chief Justice Wagner · Riddle v. ivari, 2026 SCC 9, para. 60
The two questions decided by the Supreme Court
Can a death judgment be annulled without notifying the "dead" person?
The insurer had failed to serve the annulment application on Mr. Imanpoorsaid himself — something that could normally have invalidated the entire proceeding. The Supreme Court found that this procedural defect does not automatically defeat the application: since Mr. Imanpoorsaid suffered no real prejudice — no argument he could have made would have changed the outcome — the failure to serve is not sufficient to dismiss the case. The rule is contextual, not mechanical.
What does "return" mean — and what standard of proof applies?
Ms. Riddle argued that the "return" of a person declared dead required a physical return to Quebec, and that the evidence had to meet a near-certainty standard. The Court rejected both arguments. The word "return" in articles 97 and following of the Civil Code simply means the reappearance of the person anywhere in the world — not necessarily here. And the standard of proof remains the balance of probabilities, as in any civil proceeding: it is enough that current existence be more probable than not.
Article 92 C.C.Q. allows a person to be declared dead after seven years of absence without news. It is a legal fiction — the law presumes death to allow life to move on: estates, matrimonial regimes, insurance policies.
But article 98 C.C.Q. explicitly provides that a third party can apply to have that judgment annulled if the person is still alive. It is not permanent. It is not set in stone. The fiction yields to reality the moment you can prove it.
The evidence that convinced the courts
The trial judge had before her an accumulation of official Iranian documents. Taken individually, each piece might have been insufficient. Together, they form a coherent and convincing picture that a person identified as Mr. Imanpoorsaid is alive in Iran.
In 2015 — a national identity card issued in person by Iran's state census agency to a man named Hooshang Imanpoorsaid.
In 2018 — Iranian civil registry records show this person as currently alive, with no record of death.
Since 2008 — two Iranian passports issued to this person, the first just months after he left Quebec.
Between 2008 and 2017 — at least 16 flights in and out of Iran, including three after the declaratory judgment of death was issued.
In December 2018 — registration for social assistance benefits in Iran.
The Supreme Court confirms that the trial judge made no error in concluding, on the basis of this evidence, that Mr. Imanpoorsaid was more probably alive than dead. The insurer therefore does not have to pay out the policy.
What this decision changes — and clarifies for everyone
The facts of this case are exceptional, but the Supreme Court's ruling clarifies rules that could affect many people: anyone with a missing loved one, a pending estate, a life insurance policy, or a complex family situation involving someone who has been absent for years.
A declaratory judgment of death is not final
It can be annulled. All that is required is proof, on a balance of probabilities, that the person is still alive. The person does not need to appear before the court — official foreign documents are sufficient if the overall evidence is convincing.
"Return" does not mean returning to Quebec
The Supreme Court resolves an important ambiguity in the Civil Code: being alive somewhere in the world — even in Iran, even without ever having contacted family — constitutes a legal "return." There is no requirement to come back here physically.
A voluntary disappearance does not protect you from your creditors
The Court is clear: someone who fakes their disappearance to escape their obligations cannot hide behind a declaratory judgment of death. If creditors can prove the person is alive, the judgment can be annulled — and their obligations resume.
If a loved one has been declared dead by court order and you have reason to believe they are still alive, a remedy exists under article 98 of the Civil Code of Quebec. Proof can be indirect — official foreign documents, photographs, testimony — as long as it is sufficiently consistent and convincing.
Conversely, if you have received life insurance proceeds or inherited under a declaratory judgment of death, be aware that the judgment can be challenged by a third party. If the person is found to be alive, the effects of the judgment cease — and the financial consequences can be significant.
"The legislature preferred fiction to uncertainty... but it never intended for fiction to prevail over reality."
— Chief Justice Wagner · 2026 SCC 9, para. 86Hooshang Imanpoorsaid disappeared from Brossard eighteen years ago. His family still does not know why. His wife will not receive the life insurance. And he — if he reads the news from Tehran — now knows that the Supreme Court of Canada has confirmed what the Iranian documents already showed: in the eyes of the law, he is back.
You can run from your life. You cannot run from your legal identity.
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- Case documents View the supporting documents for our investigations
This article is an editorial analysis based on a public decision. Justice-Quebec.ca is an independent citizen platform. It does not constitute legal advice. The author is not a lawyer.
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