Winik v. Public Trustee (Sask.) et al., (2002) 218 Sask.R. 158 (QB)

• Jurisdiction: Saskatchewan
• Judge: Kyle, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Citation: (2002), 218 Sask.R. 158 (QB),2002 SKQB 121
• Date: 03 April 2002

Winik v. Public Trustee (2002), 218 Sask.R. 158 (QB)

MLB headnote and full text

Temp. Cite: [2002] Sask.R. TBEd. AP.052

Maureen Margo Harrison Winik (plaintiff/defendant by counterclaim) v. The Public Trustee for Saskatchewan as Official Administrator for the Judicial Centre of Regina, Administrator of the Estate of Randall Carl Wilson deceased (defendant) and Pamela Messerschmidt, property guardian for Cameron Messerschmidt (defendant/plaintiff by counterclaim)

(1998 Q.B.G. No. 2500; 2002 SKQB 121)

Indexed As: Winik v. Public Trustee (Sask.) et al.

Saskatchewan Court of Queen's Bench

Judicial Centre of Regina

Kyle, J.

April 3, 2002.

Summary:

Wilson died intestate and was survived by a common law spouse and a son by another relationship. His estate consisted of two homes and some liquid assets. Both homes were mortgaged and insurance paid off both mortgages on Wilson's death. His common law spouse received clear title to one of the houses as surviving owner. She claimed the rest of the estate as surviving spouse. Wilson's son, who suffered from a number of disorders, including Tourette's syndrome and autism, claimed under the Dependants' Relief Act by reason of his needs.

The Saskatchewan Court of Queen's Bench dismissed the spouse's claim and awarded the entire estate to the son.

Editor's note: for a related case, see 181 Sask.R. 111.

Family Law - Topic 6636

Dependents' relief legislation - Persons entitled to relief - Child - Illegitimate - Wilson died intestate and was survived by a common law spouse and a son - His estate consisted of two homes and some liquid assets - Both homes were mortgaged and insurance paid off both mortgages on Wilson's death - His common law spouse received clear title to one of the houses as surviving owner and the other house remained in the estate - Wilson's son lived with his mother in the other house - Wilson had been required by court order to pay maintenance for his son - Wilson's son suffered from a number of disorders, including Tourette's syndrome and autism - Wilson's common law spouse claimed the estate as the surviving spouse - The son claimed under the Dependants' Relief Act by reason of his needs - The Saskatchewan Court of Queen's Bench awarded the entire estate to the son.

Family Law - Topic 6663

Dependents' relief legislation - Entitlement - Requirement of need - [See Family Law - Topic 6636].

Counsel:

D.M. Scrivens, for Maureen Margo Harrison Winik;

E.J. Husk, for Pamela Messerschmidt.

This case was heard before Kyle, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Regina, who delivered the following judgment on April 3, 2002.