Mannion v. Mannion Estate, Lytle and Mannion, (1984) 2 O.A.C. 312 (CA)

• Judge: Dubin, Weatherston and Goodman, JJ.A.
• Court: Court of Appeal (Ontario)
• Case Date: March 20, 1984
• Jurisdiction: Ontario
• Citations: (1984), 2 O.A.C. 312 (CA)

Mannion v. Mannion Estate (1984), 2 O.A.C. 312 (CA)

MLB headnote and full text

Mannion v. Mannion Estate, Lytle and Mannion

Indexed As: Mannion v. Mannion Estate, Lytle and Mannion

Ontario Court of Appeal

Dubin, Weatherston and Goodman, JJ.A.

March 20, 1984.

Summary:

A man died and left an estate of approximately $640,000.00. By will he set up a $100,000.00 trust fund for his widow with income payable to the widow for life. In addition all personal affects and automobiles were to be transferred to the widow. The widow applied for "proper support" under the Succession Law Reform Act. The trial judge allowed the application in part - See 39 O.R.(2d) 263. The widow appealed.

The Ontario Divisional Court dismissed the appeals subject to a variation - See 39 O.R.(2d) 609. The widow appealed.

The Ontario Court of Appeal dismissed the appeal.

Family Law - Topic 6692

Dependants' relief legislation - Considerations in making awards, other statutes - The Ontario Court of Appeal affirmed that the trial judge properly omitted consideration of the Family Law Reform Act in determining a widow's claim for support under s. 58 of the Succession Law Reform Act.

Family Law - Topic 6672

Dependants' relief legislation - Entitlement, proper test - The Ontario Court of Appeal referred to the proper test to determine the entitlement of a claimant under s. 58(1) of the Succession Law Reform Act - See paragraphs 8 & 9.

Family Law - Topic 885

Husband and wife - Property rights arising from marriage - Division of family assets after death of a spouse - The Ontario Court of Appeal affirmed that the provisions of the Family Law Reform Act (providing for the distribution of family assets between a husband and wife) applied only to living spouses and had no application to claims against the estate of a deceased spouse - See paragraph 13.

Words and Phrases

Proper support - The Ontario Court of Appeal discussed the meaning of the words "proper support" as found in s. 58 of the Ontario Succession Law Reform Act, R.S.O. 1980, c. 488.

Cases Noticed:

Palachik et al. v. Kiss, 47 N.R. 148; 146 D.L.R.(3d) 385, refd to. [para. 13].

Statutes Noticed:

Succession Law Reform Act, R.S.O. 1980, c. 488, sect. 58(1) [para. 8]; sect. 62(1)(a) [para. 6].

Family Law Reform Act, R.S.O. 1980, c. 152.

Counsel:

J.H. Jenkins, Q.C., for the appellant;

James R. Guy, for the respondents.

This appeal was heard by Dubin, Weatherston and Goodman, JJ.A., of the Ontario Court of Appeal on November 21 and 22, 1983.

The decision of the Court of Appeal was delivered by Dubin, J.A., and was released on March 20, 1984.