Interim Support - Dependant's Relief
Section 64 of Ontario's Succession Law Reform Act ("SLRA") allows for interim support to a dependant's relief applicant "in need of and entitled to support".
The language of the section can cause difficulty to applicants due to the need to prove entitlement. Entitlement is often in issue based on disputed facts, so the Estate Trustee defending an application can argue that only a trial can resolve that question.
Often dependant's relief applicants have little or no means to support themselves on an ongoing basis, let alone fund litigation. Denial of interim support to applicants can have serious repercussions on their day-to-day lives and can give the Estate Trustee considerable economic leverage.
Re Puliver (1982), 39 O.R. (2d) (High Court of Justice) described the problem succinctly:
Moving on to a solution, Justice Van Camp decided that:
Re Puliver provided much needed ammunition when arguing for interim support for alleged dependants where entitlement is not admitted by the Estate Trustee.
Thanks for reading.
Sean Graham
The language of the section can cause difficulty to applicants due to the need to prove entitlement. Entitlement is often in issue based on disputed facts, so the Estate Trustee defending an application can argue that only a trial can resolve that question.
Often dependant's relief applicants have little or no means to support themselves on an ongoing basis, let alone fund litigation. Denial of interim support to applicants can have serious repercussions on their day-to-day lives and can give the Estate Trustee considerable economic leverage.
Re Puliver (1982), 39 O.R. (2d) (High Court of Justice) described the problem succinctly:
"I must pay heed to the requirement (under section 64) that the applicant be in need of and entitled to support"…
"Such an interpretation would effectively deprive dependants of any interim relief if any question were raised as to entitlement except as to quantum."
Moving on to a solution, Justice Van Camp decided that:
"where the applicant has put forward substantial evidence to support her claim as a dependant, and that the testator was domiciled in Ontario, application for interim relief should be heard even if [status as a dependant] are in issue on the final hearing of the substantive application."
Re Puliver provided much needed ammunition when arguing for interim support for alleged dependants where entitlement is not admitted by the Estate Trustee.
Thanks for reading.
Sean Graham
