Vrban v. Wirick

Vrban v. Wirick

The court found, based on assessment of credibility and weight of contemporaneous medical records and other evidence, that the respondent did not begin living with the deceased until after June 2006 and thus did not meet the statutory two-year cohabitation requirement; accordingly she was not a common-law spouse...

Source-derived case information.

Citation
2011 BCSC 685
Parties
Petitioner (infant): Tyler Cameron Vrban; Petitioner (infant): Ethan Kingston Ronning; Litigation Guardian for Petitioners: Jennifer Anne Ronning; Respondent (claimed Common Law Spouse): Yvonne Wirick
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
20 January 2011
Procedural Posture
Estate Administration (intestacy) Petition Regarding Letters of Administration and Entitlement / Trial List Hearing; Oral Reasons for Judgment on Cohabitation/common Law Spouse Issue
Outcome
Respondent was not a common-law spouse of the deceased; petitioners succeed on the cohabitation issue.
Legal Topics
Intestacy, Common Law Spouse, Cohabitation, Letters of Administration, Credibility and Contemporaneous Records, Costs
Source Language
english
Estate Law Probate Family Law Evidence Intestacy Common Law Spouse Cohabitation Letters of Administration +2 more

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Parties

Tyler Cameron Vrban

Petitioner (infant)

Ethan Kingston Ronning

Petitioner (infant)

Jennifer Anne Ronning

Litigation Guardian for Petitioners

Yvonne Wirick

Respondent (claimed Common Law Spouse)

Procedural Posture

Estate Administration (intestacy) Petition Regarding Letters of Administration and Entitlement / Trial List Hearing; Oral Reasons for Judgment on Cohabitation/common Law Spouse Issue

Legal Issues

  1. 1 Whether Yvonne Wirick 'lived and cohabited' with Russel Vrban in a marriage-like relationship for at least two years immediately before his death so as to qualify as a common-law spouse under the Estate Administration Act
  2. 2 Whether property in possession of respondent forms part of the deceased's estate and entitlement on intestacy
  3. 3 Assessment of witness credibility and weight to be given to contemporaneous medical records and affidavits

Ratio Decidendi

The court found, based on assessment of credibility and weight of contemporaneous medical records and other evidence, that the respondent did not begin living with the deceased until after June 2006 and thus did not meet the statutory two-year cohabitation requirement; accordingly she was not a common-law spouse under the Estate Administration Act at the time of death.

Court Disposition

Respondent was not a common-law spouse of the deceased; petitioners succeed on the cohabitation issue.

Orders

  • Declare that Yvonne Wirick was not the common-law spouse of Russel Vrban under the Estate Administration Act at the time of his death.
  • Award costs to the petitioners on Scale B.