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ARTICLE · 16 SEPTEMBER 2015

Dagg v. Cameron Estate: A Case To Read

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The applicant, Evangeline Dagg, was living in a conjugal relationship with Stephen Cameron at the time of his death.

CanadaFamily and Matrimonial
Andrea Buncic
Andrea Buncic
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The recent decision of Dagg v. Cameron Estate1 is an interesting one for trusts & estates and family law practitioners alike in respect of two issues: who is a "spouse" for the purposes of dependants' support, and how are insurance proceeds to be dealt with when proceeds are claimed by competing "spouses". This case is novel in that it considers whether two individuals are "spouses" as defined in the Succession Law Reform Act2 ("SLRA") by virtue of having a child in utero together at the time of the father's death.

The applicant, Evangeline Dagg, was living in a conjugal relationship with Stephen Cameron at the time of his death. Evangeline was eight months pregnant. When Stephen died, he had not finished matrimonial proceedings with his wife, Anastasia Cameron. Anastasia and Stephen had two children, both minors.  Evangeline and Stephen had not been in continuous cohabitation for 3 years at Stephen's death, although they were in a committed relationship and

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