Ontario Court of Appeal: Clarifies Dependant Support Jurisdiction in Bratusa v. Doersam

• The Ontario Court of Appeal ruled that a claimant's Ontario residence is a presumptive connecting factor for dependant support claims under the Succession Law Reform Act.
• This decision in Bratusa v. Doersam, 2026 ONCA 792, overturned a Superior Court ruling that had denied jurisdiction to Ms. Bratusa and her child Olivia.
• Ms. Bratusa and Olivia moved to Ontario after the deceased, Mr. Doersam, passed away in Costa Rica, having made no provisions for them in his will or life insurance.
• The Superior Court had stayed their application for dependant support and ordered them to pay costs to the estate trustee, Ms. Dawson.
• The Court of Appeal likened dependant support claims to family law support, where claimant residence is a recognized jurisdictional link, and awarded costs to the appellants.

The residence of the claimant at the time the claim is made is a recognized presumptive connecting factor in the family law context and should equally be recognized in the context of a claim for dependant support.

The Ontario Court of Appeal recently addressed a significant question regarding Ontario dependant support jurisdiction in the case of Bratusa v. Doersam, 2026 ONCA 792. This appeal centered on whether Ontario courts held jurisdiction over dependant support claims brought by Ms. Bratusa and her child, Olivia, against the estate of the late Mr. Doersam, despite various connections to Costa Rica.

Mr. Doersam had married Ms. Dawson in 2008, and they relocated from Ontario to Costa Rica in 2017. He had four children with Ms. Dawson, three born in Ontario and one in Costa Rica. In 2007, Mr. Doersam executed a will naming Ms. Dawson as his estate trustee and leaving all assets to her. He also held over $4 million in life insurance policies purchased in Ontario, designating his children with Ms. Dawson as beneficiaries, with his father, a British Columbia resident, as the trustee. After Mr. Doersam and Ms. Dawson separated in 2020, Ms. Dawson's attempt to initiate family law proceedings in Ontario was denied jurisdiction by the Ontario Divisional Court in July 2022. Separately, Mr. Doersam met Ms. Bratusa in Costa Rica in 2020, and they had a child, Olivia, in 2021, residing together until Mr. Doersam's death in 2024. Although he had begun planning financial support for Ms. Bratusa and Olivia, he passed away before formalizing these arrangements or including them in his will or life insurance.

Following Mr. Doersam's death, Ms. Bratusa and Olivia moved to Toronto, Ontario, where Olivia enrolled in school and Ms. Bratusa commenced employment. Ms. Bratusa, originally from Ontario, had previously lived in the province and attended teachers' college there. Prior to their move, Ms. Bratusa had initiated maintenance claims in Costa Rica on behalf of herself and Olivia, which were unsuccessful because they were filed as family law proceedings rather than dependant support claims under Costa Rican estates law.

Subsequently, Ms. Bratusa and Olivia sought dependant support against the estate under section 58 of Ontario's Succession Law Reform Act (SLRA) in the Ontario Superior Court of Justice, aiming to access the life insurance policies, which they contended were the primary remaining asset after Ms. Dawson allegedly depleted the estate. Ms. Dawson moved to stay this application. On August 15, 2025, Justice Frederick L. Myers, now a Justice of the Court of Appeal for Ontario, granted a permanent stay, citing a lack of jurisdiction. The motion judge further directed Ms. Bratusa to pay Ms. Dawson $88,937.81 in costs, denying her request for the estate to cover her own costs. Ms. Bratusa and Olivia then appealed this decision to the Ontario Court of Appeal.

The Ontario Court of Appeal allowed the appeal, determining that the Ontario court did indeed possess jurisdiction over the appellants' dependant support claims. The appeal court awarded Ms. Bratusa and Olivia both the motion costs and the appeal costs. A key finding by the Court of Appeal was that the motion judge had erred by not treating the appellants' residence in Ontario as a presumptive connecting factor when applying the real and substantial connection test. The court emphasized that dependant support claims, unlike tort claims, bear a strong resemblance to family law support, where the claimant's residence is a well-established jurisdictional link.

Justice L. Favreau, writing for the appeal court, articulated this principle, stating, "The residence of the claimant at the time the claim is made is a recognized presumptive connecting factor in the family law context and should equally be recognized in the context of a claim for dependant support." The court found a real and substantial connection between the dependant support claims and Ontario, also noting that the motion judge had previously acknowledged Ontario as a convenient forum for the litigation. This ruling clarifies the scope of SLRA jurisdiction Ontario, particularly concerning the weight given to a claimant's provincial residency.

This decision by the Ontario Court of Appeal significantly impacts how lawyers advise on estate litigation in Ontario, especially concerning dependant support claims under the Succession Law Reform Act. The ruling establishes that a claimant's residence in the province serves as a presumptive connecting factor, thereby expanding the potential for Ontario courts to hear such cases. This holds true even if the deceased, the bulk of the estate assets, or other significant aspects of the case are situated outside Ontario.

The clarification provided in Bratusa v. Doersam, 2026 ONCA 792, means that the Ontario Court of Appeal estate jurisdiction for dependant claims is broader than previously interpreted by the Superior Court. It underscores that the location of the dependant can be a primary determinant for jurisdiction, increasing the likelihood that Ontario courts will entertain claims from resident dependants. This precedent is vital for understanding the reach of Ontario's legal framework in cross-border estate matters.

Lawyers advising on estate litigation in Ontario must note that a claimant's residence in the province is a presumptive connecting factor for dependant support claims under the SLRA, expanding the jurisdictional scope for such cases even if the deceased or other assets are outside Ontario. This ruling clarifies how jurisdiction is assessed, potentially increasing the likelihood of Ontario courts hearing claims from resident dependants.

Source: Original reporting based on court documents.