Zaleski v Patterson

Zaleski v Patterson involves a claim under the Family Provision Act by a woman who had lived in a domestic relationship with the deceased for eight months before his death. The deceased had left his marriage of thirty years to live with the claimant. The court was asked to determine whether the claimant was entitled to an order for financial provision out of the deceased’s estate. The legal issues included whether the claimant was a "dependant" of the deceased and whether her conduct in misrepresenting her financial position was such that it would be unjust to make an order in her favour.

The court considered that the claimant was indeed a dependant of the deceased under the Act, given the nature and duration of their relationship. However, the court found that the claimant's misrepresentation of her financial position, which was material to her claim, was significant. The court held that making an order in her favour would be unjust given this misconduct. The court concluded that the claimant’s misrepresentation undermined her credibility and the fairness of her claim. Therefore, the court dismissed the claimant's application.

The court's decision was based on a careful balance of the statutory criteria and the equitable principles that underpin the Family Provision Act. It highlighted the importance of honesty and transparency in such claims. The court’s reasoning reflects the Act's objective to provide for those genuinely in need while also preventing abuse of the process.