Elizabeth De Yoe

The respondent moved to dismiss the applicant's application and notice of objection as statute-barred.

The applicant argued her prior filings constituted a "proceeding" within the limitation period or that she was self-represented and unaware of the need to issue an application.

The court found the limitation period began at the date of death or notice of objection, and that neither a notice of objection nor a notice of appearance constituted a "proceeding" under the Limitations Act, 2002.

The court also rejected the argument that the claims were solely for declaratory relief to avoid the limitation period.

The respondent's motion was granted, and the application was dismissed.

No costs were awarded due to the applicant's impecuniosity and the difficult result.

The 89-year-old applicant widow moved into an assisted-living facility and sought interim dependant's support from her late husband's estate under the Succession Law Reform Act.

The deceased's will provided her a life interest in a residence, but did not contemplate her need for assisted living.

The respondent residual beneficiary opposed the motion, citing a marriage contract waiver.

The court granted interim support of $4,635 per month from the estate, finding the applicant was a dependant and the deceased's intention was to provide for her accommodation expenses.