National Life Assur. Co. Of Canada v. McCoubrey

National Life Assur. Co. Of Canada v. McCoubrey

Where a Life Insurance statute expressly creates a trust in favour of a preferred beneficiary, the beneficiary is the equitable owner entitled to the policy proceeds on maturity without production of letters probate; the policy requirement that title be proven is satisfied by the policy naming the beneficiary; the judge’s order for judgment was a final, non‑discretionary determination of substantive rights and, although appealable, the Supreme Court will quash an appeal that is manifestly devoid of merit. Consequently the appeal was dismissed and the judgment for the plaintiff upheld.

Citation
[1926] SCR 277
Parties
Defendant/appellant: National Life Assurance Company of Canada; Plaintiff/respondent: Florence McCoubrey
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
13 March 1926
Procedural Posture
Insurance Recovery; Appeal to Supreme Court of Canada / Motion to Quash Appeal; Summary Judgment/order for Judgment Affirmed Below
Outcome
Motion to quash granted; appeal dismissed; judgment for plaintiff affirmed
Legal Topics
Preferred Beneficiary, Designation of Beneficiary, Probate, Statutory Trust, Summary Judgment, Appealability, Motion to Quash
Source Language
English
Insurance Trusts Civil Procedure Appeals Preferred Beneficiary Designation of Beneficiary Probate Statutory Trust +3 more

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Parties

National Life Assurance Company of Canada

Defendant/appellant

Florence McCoubrey

Plaintiff/respondent

Procedural Posture

Insurance Recovery; Appeal to Supreme Court of Canada / Motion to Quash Appeal; Summary Judgment/order for Judgment Affirmed Below

Legal Issues

  1. 1 Whether a designated preferred beneficiary under Life Insurance statutes may recover insurance moneys without producing probate
  2. 2 Whether an order for judgment under the rules constituted a final, appealable judgment under Supreme Court Act s.2(e)
  3. 3 Whether an appeal that is manifestly devoid of merit may be quashed as vexatious or an abuse of process

Ratio Decidendi

Where a Life Insurance statute expressly creates a trust in favour of a preferred beneficiary, the beneficiary is the equitable owner entitled to the policy proceeds on maturity without production of letters probate; the policy requirement that title be proven is satisfied by the policy naming the beneficiary; the judge’s order for judgment was a final, non‑discretionary determination of substantive rights and, although appealable, the Supreme Court will quash an appeal that is manifestly devoid of merit. Consequently the appeal was dismissed and the judgment for the plaintiff upheld.

Court Disposition

Motion to quash granted; appeal dismissed; judgment for plaintiff affirmed

Orders

  • Judgment entered for plaintiff for the principal sum of the policy (CAD 7,500)
  • Action to proceed as to interest