Court File and Parties

COURT FILE NO.: 2020-123E DATE: 20200602 SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Estate of Craig Daniel Timmerman (deceased)

BEFORE: Mr. Justice Graeme Mew

COUNSEL: K. Gordon Gwynne-Timothy – for the applicant, Marilyn Celia Smith

HEARD: 2 June 2020, at Kingston (in writing)

Endorsement

[1] Craig Daniel Timmerman (the “deceased”) died intestate on 12 November 2019 at Kingston General Hospital. He was survived by his sister, Shannon Timmerman. He was predeceased by his mother, Marguerite, who died on 16 October 2019. It is also believed that the deceased had an estranged minor son, known only as “Daniel”. A coroner’s report shows that Mr. Timmerman died as a result of a drug overdose.

[2] At the present time, the remains of both Marguerite Timmerman and Craig Timmerman are lodged in the morgue at Kingston General Hospital.

[3] The applicant for appointment as estate trustee without a will is the deceased’s aunt, Marilyn Smith, who is a retired bookkeeper. The evidence suggests that the deceased died without assets of any sort.

[4] Not long before his death, the applicant spoke to the deceased at his late mother’s apartment, where he was staying at the time. She noticed a picture of a boy among his belongings. She asked about the photo. The deceased told her that it was his son. The deceased said that his son’s name was Daniel. He indicated to her that he only saw the son very rarely, but that when he saw Daniel on the street some time ago, Daniel had called him “Dad”. The applicant does not know who Daniel’s mother is nor where he lives. If appointed, the applicant undertakes to provide notice to the Office of the Children’s Lawyer.

[5] The applicant has also stated that once appointed estate trustee, she will advertise in a local newspaper for creditors of the deceased and will properly address whatever claims may be forthcoming.

[6] Similar issues have arisen in respect of dealing with the deceased’s remains to those described in my decision of today’s date relating to the Estate of Marguerite Timmerman (court file number 2020 – 126E (Kingston)). In particular, the applicant wishes to make arrangements through Ontario Works to have the deceased’s remains cremated and interred at the Cataraqui Cemetery, but has been unable to do so because of the intervention of Shannon Timmerman and the applicant’s lack of formal standing as estate trustee without a will.

[7] I will not repeat the evidence relating to what has occurred. It is described in my reasons in the companion application to this one. Suffice it to say that in this case (as in Marguerite Timmerman Estate matter), the question for me to decide is whether it is necessary and in the interests of justice to dispense with the requirement for the applicant to give notice of her application to Shannon Timmerman and whether I should accede to the application in the absence of a renunciation from Ms. Timmerman or her consent to the applicant’s appointment.

[8] For the reasons given in my endorsement on the application in the matter of the estate of Marguerite Timmerman, this application is granted.

[9] I would ask that the applicant and her legal representative make best efforts to bring the certificate of appointment of the applicant to the attention of Shannon Timmerman before the bodies of her mother and brother are finally laid to rest. However, compliance with this request should not unduly delay things further. If, despite reasonable efforts, Ms. Timmerman cannot be found, or her circumstances are such that she cannot immediately participate in any observances associated with the disposal of the deceased’s remains, the applicant should give such instructions as she feels are appropriate.

Mew J. Date: 2 June 2020

Corrected, 5 June 2020: Paragraph 1 Second sentence is replaced with, “He was survived by his sister, Shannon Timmerman.” Paragraph 3 In the first sentence, the word “sister” is replaced by the word “aunt”.