Dependent Relief Claims in Ontario

The Succession Law Reform Act has recently been interpreted to possibly allow for the addition of non-parties to a dependant’s relief claim.

In the case of Brash v. Brash Estate, the Superior Court of Justice ruled that the applicant’s children were under an obligation to support the applicant (their mother), and thus should be added to their mother’s dependant relief claim.

The case saw a 90-year-old widow opt for an equalization payment against her late-husband’s estate, as she claimed to fall under the legal realm of a “dependant” under the Succession Law Reform Act (Part V – Section 57 of the Act defines the scope of the term “dependant”). She had been left with practically nothing under his will, and therefore sought compensation from the estate that was now in the hands of his children. Being that she had four children of her own that were within their means to support their widowed mother, his children sought to add them as parties to the proceeding.

In the interest of justice to the Act and especially to the estate of the late husband, Justice Cornell ruled that her children should be added as parties to the proceeding. Justice Cornell pointed to the Case of Baddeley v. Baddeley, and acknowledged that her children may wind up bearing the obligation to support their widowed mother.

To learn more about dependant relief claims as well as the services provided by Krol & Krol, call 905.707.3370 today.