This case involves two applications for dependant support under the Succession Law Reform Act and an application to collapse testamentary trusts.
The deceased, John Anthony Czerkas, died leaving two Wills.
His common-law spouse, Louann Culbert, and his daughter, Laura-Lea Czerkas, each sought dependant support.
Laura-Lea also sought to collapse the trusts established for her benefit in the Wills.
The court found Louann Culbert to be a dependant and granted her significant lump-sum support of $925,000, finding that the deceased had not made adequate provision for her.
The court found Laura-Lea Czerkas to be a dependant but dismissed her application for additional dependant support, concluding that the deceased had adequately provided for her in his Wills through substantial trusts.
However, the court granted Laura-Lea's request to collapse the testamentary trusts, allowing her immediate access to the funds based on the rule in Saunders v. Vautier.
