McMacken v. McMacken Estate, (1984) 6 O.A.C. 233 (DC)

• Judge: Galligan, Labrosse and Montgomery, JJ.
• Court: Superior Court of Justice of Ontario (Canada)
• Case Date: September 28, 1984
• Jurisdiction: Ontario
• Citations: (1984), 6 O.A.C. 233 (DC)

McMacken v. McMacken Estate (1984), 6 O.A.C. 233 (DC)

MLB headnote and full text

McMacken v. McMacken Estate

Indexed As: McMacken v. McMacken Estate

Ontario Divisional Court

Galligan, Labrosse and Montgomery, JJ.

October 12, 1984.

Summary:

A divorced wife applied under s. 58 of the Succession Law Reform Act for support from her late ex-husband's estate. The trial judge dismissed the application. The wife appealed.

The Ontario Divisional Court allowed the appeal and awarded her a lump sum of $25,000.

Family Law - Topic 6627

Dependents' relief legislation - Persons entitled to relief - Widow divorced from husband - A decree nisi ordered a husband to support his wife "during their respective lives" - The husband died, willing nothing to his ex-wife - The Ontario Divisional Court held the ex-wife was a "dependent" within the meaning of the Succession Law Reform Act, which protected her even after her husband's death, regardless of the wording of the decree nisi or any "established practice" in divorce proceedings - See paragraphs 6 to 10.

Family Law - Topic 6705

Dependents' relief legislation - Awards - Lump sum payment - Widow - A couple were married over 35 years and divorced in 1979 - The husband died, leaving the wife nothing in his will - The wife, aged 65, received $1,100. per month from employment and $329.13 monthly pension benefits - She had $12,000. savings and no debts - The Ontario Divisional Court ordered a lump sum payment of $25,000. to be paid to her out of the husband's estate, pursuant to the Succession Law Reform Act - See paragraphs 13 to 16.

Cases Noticed:

Farquar v. Farquar (1984), 43 O.R.(2d) 423, dist. [para. 7].

Joyce v. Joyce (1984), 4 O.A.C. 395, dist. [para. 7].

Norgard v. Norgard, 8 R.F.L.(2d) 268 (Ont. C.A.), appld. [para. 8].

Statutes Noticed:

Succession Law Reform Act, R.S.O. 1980, c. 488, sect. 57(d) [para. 6]; sect. 57(g) [para. 6]; sect. 58(1) [para. 6]; sect. 62 [paras. 6, 15].

Counsel:

S.T. McGrath, for the appellant;

J.K. Alexander, for the respondent.

This appeal was heard before Galligan, Labrosse and Montgomery, JJ., of the Ontario Divisional Court on September 28, 1984. The decision of the Divisional Court was delivered orally by Labrosse, J., and released on October 12, 1984.