Ismail Barmania

The applicant, the surviving spouse of the deceased, objected to the accounts submitted by the respondent, the deceased's granddaughter and power of attorney.

The core issue was whether the deceased was incapable of managing his property during the four and a half years prior to his death, which would trigger a strict duty to account under the Substitute Decisions Act.

The court found that the deceased retained capacity and had consented to the respondent's management of their joint bank account.

The court dismissed the applicant's objections, approved the accounts as submitted, and awarded costs to the respondent.

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.