Can a common-law partner bring a dependant support claim even though they wouldn't inherit automatically on intestacy?

Yes. In Ontario, only a legally married spouse has automatic inheritance rights if a partner dies without a will — a common-law partner gets nothing automatically, no matter how long the relationship lasted. But that's a separate question from dependant support. Under Part V of the SLRA, a common-law partner qualifies as a "spouse" for support purposes if they meet the Family Law Act's definition: continuous cohabitation of at least three years, or a relationship of some permanence in which the couple are the parents of a child together, as set out in the Children's Law Reform Act.

If that test is met, the common-law partner can bring the same kind of dependant support claim as a married spouse, provided the deceased was providing support, or was under a legal obligation to provide it, immediately before death. This is one of the more misunderstood areas of Ontario estate law — many people assume a long-term partner is automatically protected the way a married spouse is, and that isn't true unless they qualify under this test and actually bring a claim. Getting legal advice early matters, since the same six-month timeline applies here too.