On an urgent estates motion, the applicant sought interim dependent's support and the appointment of an estate trustee during litigation pending a dependent support application.
The court held the evidentiary record was incomplete and did not establish that the applicant was receiving support from the deceased or fell within an enumerated dependent category under Part V of the Succession Law Reform Act.
Interim support was therefore refused.
However, because estate bills were going unpaid and the estate property was at risk, the court appointed an estate trustee during litigation on usual terms, with the trustee's fees to be borne initially by the applicant's share of the estate subject to reallocation at the merits hearing.
No costs were awarded because the applicant was only partly successful and the motion process was unfair to the self-represented respondent.
