The appellants appealed a Superior Court judgment dismissing their application for dependant's relief under the Succession Law Reform Act.
The motion judge found that the appellants did not establish the requisite relationship with the deceased to qualify for dependant's relief.
The Court of Appeal upheld the decision, finding no basis to interfere with the motion judge's findings of fact, including that the appellants and the deceased did not live together for any identifiable period and that the deceased did not have a settled intention to treat the second appellant as a child of his family.
The appellants' attempt to introduce fresh evidence regarding CPP survivor benefits was rejected as irrelevant.
