Alberta, like Ontario, has enacted a statute to address the financial support of dependants.  While Ontario has Part V of the Succession Law Reform Act (“SLRA”), Alberta has Part 5 of the Wills and Succession Act.  Given the analogous provisions, case law in one jurisdiction may be helpful in the other.  The recent decision in Dabrowski (Re), from the Court of Queen’s Bench of Alberta, is such an example, addressing the need to produce evidence regarding an applicant’s financial status in dependant support claims.

Alina Dabrowski passed away in 2012, leaving an Estate comprised primarily of a condominium in Calgary.  The Will named her daughter (the Applicant) and her grandson (the Respondent) as personal representatives of the Estate.  According to the Will, the condominium passed to the Respondent.  Partly as a result of this, the Applicant commenced an application for dependant support seeking a life interest in the condominium.

On the basis that the Applicant met the definition of a family member (and therefore qualified as a dependant), the Court turned its focus to the factors to consider in an application for the maintenance and support of a family member.

Specifically, the Court focused their attention on section 93(c), which has the Court consider “… the family member’s capacity to contribute to his or her own support, including any entitlement to support from another person”.  This is similar to section 62(1) of the SLRA, which requires the Court to consider (amongst other things), the dependant’s capacity to contribute to his or her own support.

The Court dismissed the claim for support (and awarded costs to the Respondent) on the basis that insufficient information was provided by the Applicant with respect to her sources of income or expenses.  As a result, the Court was unable to determine whether the Applicant was able to contribute to her own support.  In fact, the Court stated, “It is impossible to award a sum for the benefit of the applicant when her financial information is little more than a guess”.

Therefore, in pursuing a claim for dependant support, it is clearly necessary to provide sufficient evidence as to the alleged dependant’s sources of income or expenses.  It seems that this may assist the Court, whether it be in Alberta or Ontario, in determining whether a dependant is able to contribute to their own support.

Noah Weisberg