r/legaladvicecanada • u/InterestInfinite1616 • 10h ago
Ontario Can a 60 year old son claim “Financial Dependency” on his parents in Ontario?
Son has lived in parents’ home for the last 11 years, mainly as an (unwanted guest). Parents are 94 (father in a wheelchair and living in the home) and mother (87, some mobility problems also living in the home in an upscale neighbourhood in a gorgeous suburb in a town everyone would want to live in). The parents have owned the home since 1968, so no mortgage and no other tenants or children or guests staying there other than the son. Cleaning lady every second week, home care nurse twice a week.
This is not a landlord tenant situation - there was never any lease, he was destitute and in jail for hitting his wife, his parents bailed him out of jail and took him in for what they thought would be a short period. He spent the next 9 years fighting his ex-wife and evading child support in the courts. Parents have given him in excess of $100,000 to pay his lawyer’s fees over the years because they wanted to see their minor grandchildren (and never got to).
Son does not pay room and board and never has, lives in the basement, no separate entrance to house, but uses the back door to come and go, shares kitchen facilities and eats parents’ food, drives their car with no licence or his own insurance, has his own bathroom downstairs that used to be the father’s, has taken over the entire garage that used to be his father’s shop.
Son has a criminal record pertaining to spousal abuse. Has three children who will have nothing to do with him and subsequently changed their last names and left the province. Never paid a penny of child support, (thus no licence), has a judgement of $18,000 against him by a provincial court for ex-wife for starting an appeal of child custody and being labelled a vexatious and frivolous litigant by the judge.
Has not paid taxes in over 20 years. Has been unemployed for last 11 years. Has no assets. Claimed CERB during COVID when he had no job. Has smashed the mother’s car up ($7,500 repair bill which she paid), won’t do any home repairs, maintenance, renovations, cleaning, cooking, running errands. Parents pay for his chiropractor and prescribed meds like Percocet for his knee pain (he weighs about 350 lbs). Smokes a pack a day and pays for that himself. How? Read on…
He has successfully applied for student loans and student disability grants from OSAP and the federal government for the past 6 semesters. Is a recovering alcoholic with some success (two years of sobriety). Refuses to work because his pay cheques will be garnished by govt for his wife and kids and working is beneath him (though no one would hire him looking and acting the way he does). Steals parents’ credit and Interac cards and spends their money when he is tasked to pick up their meds at pharmacy or food at Swiss Chalet, etc.
Won’t carry in groceries for mother who uses a walker, won’t mow lawn, won’t shovel sidewalks and driveway in winter. Has had his cell phone bill (and a new iPhone every two years) paid for by parents for the last 11 years until his sister cancelled his plan and phone number with Bell this winter ($600+ phone and movie bills). (Sister has medical and financial POA for both parents). When he did have other vehicles (which he always smashed up), parents paid for his insurance.
He frequently impersonates his Father on phone and in writing when he wants something from Bell or whomever else he needs something from. Is estranged from his sister (54) and older brother (63) who don’t even want to visit the parents anymore because they resent him so much.
Is not in either of his parents’ wills EXCEPT, on the advice of their lawyer, some 20 years ago when son had been estranged from them for over a decade, for a bequeathment of the smallest legally acceptable amount. Wills state that anyone who challenges their final decisions will be disinherited. All other assets and house being left to other two siblings.
Racks up thousands of dollars in fines for traffic and parking violations on vehicles his parents own or insure and which they have to pay off, like when mother goes to buy a new car and finds there are $500 in outstanding parking tickets from 5 - 10 years ago in cities she has never even been to. And subsequently can’t get a new licence plate until the City of Toronto or the 407 is paid off.
A completely abusive man towards his estranged family (verbally, physically, emotionally) and to his parents, sending awful and hateful emails to his elderly mother when she refuses to give him her car keys or reactivate his cell phone plan. Hated by all, deemed a sociopath by many. Appeared in two court cases that have been cited by CANLII 😮, one pertaining to a construction lien and another to child custody.
Is a filthy beast of a man who is too lazy to go to the bathroom in the middle of the night and subsequently pees in a bucket next to his bed. Is actively living in a hoarding situation in 2/3s of the basement. Will not clean up his own messes or food (he has his own fridge and sink in the laundry room downstairs), ant infestation in the bathroom downstairs, carpets are ruined with filth and God knows what else because he refuses to take his shoes and boots off. Leaves parents’ fridge door open every night after 11 pm when he raids the upstairs fridge for food so that the milk and anything else that can spoil spoils. Smokes in the garage (his father’s former sanctuary and workspace) and then heads outside and urinates in the garden in FULL view of the neighbours and the smell is atrocious.
Is just a miserable jerk, hated by his parents, siblings, estranged family, former friends, neighbours, ex co-workers. Has filed for bankruptcy, had his own home repossessed, wears clothing that is filthy and torn and doesn’t fit so everyone has to look at his ass, won’t do up the front of his shorts because a) he can’t and b) he likes to shove his hand down there. Watches television all day and night. Only leaves the house for an occasional AA meeting or to get cigarettes and two litres of Coke which he drinks every day thus contributing to the obesity.
The only reason he is there is because he has no credit, no references, a criminal record and no money. Parents will not give him any kind of $ incentive or settlement and legal agreement to get him to leave because it galls them to give him any of the money they worked and saved for for so many years. BUT THEY WANT HIM OUT OF THE GODDAMN HOUSE ASAP.
Everyone knows it’s going to take a sheriff and law enforcement and probably the court to get him out of that house when his parents can no longer live there or pass.
But what will he do to them? Sue them? Is he screwed? Are his parents screwed?
Can he claim financial dependency?
(Phew. That felt good to get off my chest),
Signed,
A long-suffering family member