While it is true that the applicant herself described the standard of living she and her late husband enjoyed as being just above the poverty line, that “he drank most of what he made” and that the family “just lived from day to day”, those are, in my view, not valid reasons for limiting her support and maintenance to the same level if he was mean and parsimonious but there are assets which would enable the standard of maintenance and support to be raised, such should be the result. The court, proceeding “… from the point of view of the judicious father of a family seeking to discharge both his marital and parental duty…” (per Duff J. in Walker v. McDermott, 1930 CanLII 1 (SCC), [1931] S.C.R. 94 at 96, [1931] 1 D.L.R. 662), ought not to limit itself to doing what the deceased did if the deceased in fact failed in his duty to his wife. At p. 96 Duff J. said, “… the court must consider what provision would be not only adequate, but just and equitable also… “, and “proper maintenance and support” cannot be “limited to the bare necessities of existence”.
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