2 total
Estate ordered to pay interim dependent's support and retroactive support for widow; interim costs justified.
On a motion for interim dependent's support from her late husband's estate, the applicant, a 91-year-old widow with dementia, sought ongoing support, retroactive support, and interim costs.
The estate conceded entitlement but disputed quantum and costs.
The court ordered the estate to pay the applicant's monthly retirement home fees, awarded retroactive support to the date of request, and found special circumstances justifying an interim costs award, though it adjourned the quantum of costs for further evidentiary filings.
Widow's equalization claim dismissed as German law governed property rights based on last common habitual residence.
The testator died leaving property in Ontario and Germany.
His widow, who resided in Germany, moved for an extension of time to elect an equalization of net family property under the Family Law Act.
The trustee of the Ontario estate moved for directions.
The court dismissed the widow's motion, finding no apparent grounds for relief because section 15 of the Family Law Act dictates that spousal property rights are governed by the law of the last common habitual residence.
Since the spouses last lived together in Germany, German law applied, precluding a claim under section 5 of the Ontario Act.
