| 2010-08-06 |
| Support of Dependents |
The applicant sought a lump sum of $500,000 or the monthly sum of $2,000. The applicant and the deceased were married in 1958 and had two children. They separated in 1973 and divorced in 1975. No spousal or child support order was made at the time nor was monthly spousal support ever paid by the deceased to the applicant. The applicant did receive a property settlement in the form of title to an income property.
In 2003, the applicant learned through her children that the deceased had cancer. She sent him a card and pointed out that she was having financial difficulties. The deceased contacted her and over the next five years up to his death in 2008, he provided her with $37,000 in cash. He also provided her with $124,000 to purchase a life lease in a retirement home and purchased an annuity for her that would provide her with $761 per month for the rest of her life.
It was held that the application was dismissed. The definition of "spouse" in the Act made the applicant a dependant of the deceased. The deceased was providing support for the applicant even though he had no obligation in law to do so. The applicant failed to prove a need to be granted relief from the estate. She also failed to provide any credible evidence as to her assets and means. The result of the provisions the deceased made for the applicant was to provide her with shelter in the home of her choice for the rest of her life and an annual income for the rest of her life. Those provisions were adequate for the applicant's proper support.
Middel v. Vanden Top Estate, [2010] O.J. No. 2562, Ont. S.C.J., Taliano J., June 16/10. Digest No. 3012-014 (Approx. 11 pp.)
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