What is the impact of a deceased's death on the amount of family debt?

Alberta, Canada


The following excerpt is from Brooks v. Stefura, 1998 ABQB 440 (CanLII):

In my view, it is highly probable that but for his untimely death the deceased would have continued the same lifestyle which would have entailed incurring debts to pursue that lifestyle. This would be over and above ordinary family debt associated with, for example, mortgage financing. For the purposes of a calculation under Duncan v. Baddeley, this has to be calculated as the present value assessment of future debt obligations.

I was not provided with any specific evidence as to when the deceased would have retired, and evidently he had not stated any intention in this regard prior to his death. Given that by the age of 62 the deceased would have had more than 25 years of pensionable earnings, and given that he was a very active person who enjoyed recreational activities, I find that he would have retired at age 62, and that a retirement age of 62 is the appropriate basis for calculations on the basis of Duncan v. Baddeley. In view of the stable work history of the deceased, it would not be appropriate to apply any negative contingency for premature retirement.

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