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The court ordered an estate to pay $42,043 for a dependent child's support, finding a nominal bequest woefully inadequate.
An application for dependent support under the Succession Law Reform Act was brought on behalf of a minor child against his deceased father's estate.
The deceased's will provided a nominal bequest, which the court found woefully inadequate given the father's prior support obligations and the estate's substantial value.
Applying the factors under the SLRA, including the moral duty owed to dependents, the court ordered the estate to pay $42,043 for the child's support through high school and 80% of his anticipated post-secondary education expenses.
Full indemnity costs were awarded to the applicant.
The court awarded the mother $5,500 in costs after she succeeded on the dominant parenting issues.
The court delivered a costs endorsement following motions for temporary primary residence, decision-making responsibility, and parenting time for the parties' child.
The mother was largely successful on the dominant issues, while the father had some success on secondary issues.
The mother sought $10,635 in costs, and the father requested minimal or no costs.
The court found the father's behaviour unreasonable, though not in bad faith, and the mother's second offer to settle was more favourable to the father on dominant issues.
The court awarded the mother $5,500 in costs, payable monthly, considering the father's modest means and the excessive time claimed by the mother's counsel.
