Canadian Lawyer

October 2011

The most widely read magazine for Canadian lawyers

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LEGAL REPORT/WILLS, TRUSTS & ESTATES example, in Nowell v. Town Estate, the Ontario Court of Appeal more than a decade ago looked at whether a woman who had a 24-year relationship with a married man was entitled to part of his estate. It determined she was. "The judges felt the mistress should be fully com- pensated because the estate was unjustly enriched," Wagner wrote in an article for The Jewish Tribune last year. "Mr. Town accepted his mistress' help, did not pay for it, and he benefited financially. The court was influenced by the fact that the mistress made Mr. Town the focal point of her life and that through the years Mr. Town assured his mistress that he would look after her. While this did not create a legal relationship, it proved the nature of the relationship." It's not only the courts that are walking STAY CURRENT ON ALL MAJOR FEDERAL LABOUR AND EMPLOYMENT LEGISLATION NEW EDITION FEDERAL LABOUR & EMPLOYMENT LEGISLATION, 2011 EDITION CONSULTING EDITOR: PAUL BROAD In one portable and easy-to-use volume, you get access to all the current statutes that are applicable to federally regulated workplaces. NEW IN THE 2011 EDITION • • Under the Public Service Employment Act: – Student Employment Programs Participants Regulation, SOR/2010-148 Under the Public Service Employment Act: – Student Employment Programs Regulation, SOR/97-194 was repealed ONE TIME PURCHASE ORDER # 817136-64257 $95 Softcover 1418 pages June 2011 1481-7136 ON SUBSCRIPTION ORDER # 817136-64257 $85 Softcover 1418 pages June 2011 1481-7136 Multiple copy discounts available Inside you'll find these important federal Acts and selected regulations: • Canada Labour Code • Canada Pension Plan • Canadian Human Rights Act • Employment Equity Act • Employment Insurance Act • Expenditure Restraint Act • Fair Wages and Hours of Labour Act • Labour Adjustment Benefits Act • Personal Information Protection and Electronic Documents Act • Public Sector Equitable Compensation Act • Public Servants Disclosure Protection Act • Public Service Employment Act • Public Service Labour Relations Act • Trade Unions Act • Wage Earner Protection Program Act • Wages Liability Act AVAILABLE RISK-FREE FOR 30 DAYS Order online at www.canadalawbook.ca Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 Shipping and handling are extra. Prices subject to change without notice and subject to applicable taxes. CANADA LAW BOOK® 50 OCTO BER 2011 www. CANADIAN Lawyermag.com down the aisles to the beat of a different drum. In Alberta, for example, there is the Adult Interdependent Relationships Act, the Intestate Succession Act, and other pieces of legislation that provide surviving spouses and common law part- ners the same rights to claim support from the estate and share in the deceased estate on intestacy. However, says Carla Jones, a spokeswoman for Alberta Justice: "Under current law, Alberta provides for dower rights to married people. This includes an automatic life interest in the homestead or matrimonial home when a spouse dies and the home is owned by the deceased spouse. . . . This right does not extend to adult interdependent relation- ships. The Dower Act is not changing at this time." In neighbouring Manitoba, major amendments legislative were pro- claimed in 2004 to create The Common- Law Partners' Property and Related Amendments Act. "It was an omnibus bill that amended 56 statutes. It was sig- nificant," says Colette Chelack, director of family law with Manitoba Justice. "Now in Manitoba, a common law partner is able to claim a share of a person's estate if they've died without a will," she adds, not- ing that if someone wrote a will excluding their common law partner, that partner could still claim part of the estate under The Family Property Act. Ontario has the Succession Law Reform Act, which governs testate and intestate succession rights as well as the ability of dependant spouses to seek support from a deceased's estate. "Both married and unmarried spouses have the ability to seek an order for finan- cial support from the deceased spouse's estate," notes Jenny Lam, a spokes- woman for the Ontario Ministry of the Attorney General. "There are differences as well. An important example would be that only a married spouse has the right to obtain a preferential share of the deceased's estate." In Saskatchewan, there is a more level playing field. "Saskatchewan's Wills Act, 1996, The Administration of Estates Act, The Intestate Succession Act, 1996, The Dependants' Relief Act, 1996, and The Family Property Act all treat married

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