Part V of the Succession Law Reform Act  permits the dependant of a deceased person to apply to the court for an order of support where a deceased person has failed to make adequate provision for the proper support of the dependant.
Who May Apply
Dependants include the following persons:
(1) the spouse of the deceased;
(2) persons who were married to each other by a marriage that was terminated or declared a nullity;
(3) persons not married to each other who have cohabited continuously for a period not less than three years; or
(4) persons not married to each other who have cohabited in a relationship of some permanence, if they are the natural or adoptive parents of a child.
Because same-sex marriage is now permitted in Ontario, same-sex spouses qualify as dependants.