How have the courts in Newfoundland and other provinces dealt with the issue of child support for a deceased father and his two children?

British Columbia, Canada


The following excerpt is from Grant v. Jackson, 1985 CanLII 292 (BC CA):

Two Newfoundland decisions have dealt with this matter. Mifflin J. in Mercer Estate v. Grouchy (1974), 7 Nfld. & P.E.I.R. 66, said (at pp. 68-69), and I agree with what he said: Undoubtedly it might well be contended that, because the father and mother are responsible for the upbringing of their children, in the event of the death of either parent the award made as a result should go completely to the surviving parent who had the responsibility for the children. But this has not been the practice and I believe that the reason it has not been so is that the amount awarded for the benefit of the children can be kept in trust to be used by the guardian of their property over the period of their dependency on the deceased parent and there would be no possibility of its being used immediately and improvidently by the surviving parent. In the case of the death of the father the award made to each child, all things being equal, had differed with the length of the anticipated dependency on the father had he lived; and the mother, if the children lived with her after her husband’s death and she looked after them, could apply to the guardian of the property of each child for a periodical payment for the reasonable expenses incurred by her in providing for each child. Following this line of reasoning I cannot see why the total award made to the father and the children in the present case should not be divided between them nor why the amount which is allocated to the children should not be apportioned according to their ages with the youngest receiving the largest amount and the eldest receiving the smallest amount.

Other Questions


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