When an elderly person initiates a new relationship it can sometimes plant the seeds of litigation. Perhaps the elderly person needs a caregiver. Or maybe they strike up a friendship with a contemporary for companionship. Perchance, in an effort to reduce expenses, they take on boarders or tenants. But at death, those seeds can bloom into full-fledged litigation. The adult children of the elderly person might be caught off guard when the caregiver/companion or tenant/boarder claims to be a common law spouse. That is exactly what happened in Prelorentzos v. Havaris.1 For those involved in this type of litigation, the case is a worthwhile read on the issue of how the court goes about reviewing and weighing the evidence presented.
- 2015 ONSC 2844. This case is available on-line at http://bit.ly/Prelorentzos-v-Havaris. For another interesting case commentary on this case, see Joanne Hwang’s blog (of Whaley Estate Litigation) at http://bit.ly/Prelorentzos-v-havaris-case-commentary ↵