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The court ordered the two wills variation actions to proceed together in Victoria, but refused to join the related life insurance action, which will be tried separately.
Applying Hodge and the McLaughlin factors, the Tribunal found on the balance of probabilities that the Appellant and Contributor maintained a continuous conjugal relationship that satisfied the CPP requirement of cohabitation for at least one year immediately before death despite separate residences; therefore the Appellant is the Contributor's common-law partner and entitled to the CPP survivor's pension.
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The court upheld Ken Chung’s joint tenancy title to the condominium, but found undue influence in the bank and investment account changes and ordered him to account for $208,700.
The court granted Gerald Chappell leave under s. 151 WESA to sue on behalf of Allan Chappell’s estate, finding an arguable case and good faith.
The court dismissed a summary judgment claim over life insurance proceeds, finding no proof the deceased intended to change the named beneficiary from his mother to his wife.
The court largely dismissed a family-law enforcement application, found no contempt, and imposed a suspended $750 fine only for one outstanding beneficiary-confirmation obligation.
A financial institution does not owe a duty to disclose changes to one client's beneficiary designation to another client absent the account holder's consent or a specifically pleaded fiduciary relationship; the appellant failed to prove a clear, corroborated agreement to maintain beneficiary designations, so the unjust enrichment/constructive trust claim failed and summary dismissal was proper.
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Costs should follow the result; award costs to the successful respondent fixed under Tariff A (Scale 3) but reduced by $2,500 due to the unsettled nature of the legal issue, resulting in a costs award of $10,563.00 plus disbursements payable by the Estate and charged against the shares of the other seven beneficiaries (not the respondent).
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Based on the totality of documentary, lay and expert evidence the court finds Elsie suffered progressive cognitive decline culminating in mild‑moderate dementia by June 7, 2017 (Dr. Carver) and lacked the capacity to manage finances thereafter; consequently inter vivos gifts (cheques) and changes to TFSA/RRIF beneficiary designations made after that date are void for lack of capacity; alleged forgeries were not proven on the evidence; no rebuttable finding of undue influence was made on the available facts; prejudgment interest at 5% applies to funds required to be returned.
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The appeal was dismissed because the trial judge did not commit a palpable and overriding error in finding there was no binding agreement to reduce the policy and that Susan did not breach the tripartite agreement; the trial judge's credibility and factual findings stand and the outcome is consistent with Mollie's expressed wishes.
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