Hill v. Dhanda Overview
In the case of Hill v. Dhanda, the Supreme Court of British Columbia addressed the question of whether Tiena Hill was the spouse of Mukhtiar “Mike” Dhanda at the time of his death in June 2022. Mike passed away without a will, leaving behind two sons, Jayden and Jordan. Tiena sought a declaration that she was Mike’s spouse under the Wills, Estates and Succession Act (WESA), which would allow her to inherit a significant portion of his estate. The defendants, who are the legal guardians of Mike’s children, opposed this claim.
Why This Decision is Important
This decision is significant for understanding how courts determine whether a relationship qualifies as a marriage-like partnership under the law. It highlights the factors considered in evaluating intimate relationships, particularly in cases where one partner is deceased and cannot provide evidence of their intentions. The ruling also addresses issues related to cohabitation, financial support, and the complexities of modern relationships.
Case Details
- Parties Involved: Tiena Hill (Plaintiff) vs. Gurpinderjit Singh Lally and Sadaugar Singh Dhanda (Defendants, acting as guardians for Jayden and Jordan Dhanda).
- Background:
- Tiena and Mike began dating in May 2015.
- Mike had two sons from a previous marriage and was their sole guardian.
- They lived together at various properties from September 2015 until Mike’s death.
- Legal Framework: The court evaluated whether Tiena and Mike lived in a marriage-like relationship for at least two years before his death according to WESA.
Outcome
The court ruled in favour of Tiena Hill, declaring that she had lived with Mike Dhanda in a marriage-like relationship for at least two years before his death. This entitles her to a significant portion of his estate, while Jayden and Jordan will inherit the remainder as their father’s descendants.
Key Takeaways
- Tiena and Mike began living together in September 2015 and maintained their relationship until his death.
- The court assessed both subjective intentions and objective evidence when determining the nature of their relationship.
- Key indicators included cohabitation, financial support, shared responsibilities regarding Mike’s children, and social activities.
- The ruling emphasizes that declarations of marital status on tax documents do not solely define the nature of a relationship.
- This case illustrates the importance of holistic assessments in determining spousal relationships under the law.
References
https://www.canlii.org/en/bc/bcsc/doc/2025/2025bcsc333/2025bcsc333.html
Hill v Dhanda, 2025 BCSC 333 (CanLII), <https://canlii.ca/t/k9tfd>, retrieved on 2025-03-06
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Preet Mandair
WILLS and ESTATES LAWYER
Preet’s practice focuses primarily on estate litigation. Preet is dedicated to providing practical and strategic advice to all clients in all aspects of estate litigation by understanding and assessing each client’s unique needs and advocating for her clients in a methodical and effective manner.
