In Walker v. McDermott, 1930 CanLII 1 (SCC), [1931] S.C.R. 94, [1931] 1 D.L.R. 662, generally regarded as the leading case in Canada and an authority binding on us, Duff J. (later C.J.C.) at p. 96 made reference to the discharge of the obligation of a testator of both his marital and his parental duty, in the following terms: “What constitutes ‘proper maintenance and support’ is a question to be determined with reference to a variety of circumstances. It cannot be limited to the bare necessities of existence. For the purpose of arriving at a conclusion, the court on whom devolves the responsibility of giving effect to the statute, would naturally proceed from the point of view of the judicious father of a family seeking to discharge both his marital and his parental duty; and would of course (looking at the matter from that point of view), consider the situation of the child, wife or husband, and the standard of living to which, having regard to this and the other circumstances, reference ought to be had. If the court comes to the decision that adequate provision has not been made, then the court must consider what provision would be not only adequate, but just and equitable also; and in exercising its judgment upon this, the pecuniary magnitude of the estate, and the situation of others having claims upon the testator, must be taken into account.”
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