Kelly A. Charlebois

The applicant ex-spouse sought a declaration for the proceeds of the deceased's Locked-in Retirement Account (LIRA) based on a 1997 beneficiary designation.

The respondent estate and parents opposed, relying on a 2001 designation changing the beneficiary to the parents, of which only a photocopy could be found, and a 2005 final matrimonial release.

The court dismissed the application, finding the 2001 photocopy was a valid instrument under the Succession Law Reform Act that revoked the 1997 designation.

Furthermore, the 2005 matrimonial settlement and release precluded the applicant's claim, and awarding her the LIRA would result in unjust enrichment.

Following a motion regarding the appointment of an estate trustee during litigation and the production of records, the court issued a costs endorsement.

The court noted that both parties took inflexible positions and failed to make offers to settle.

Because success on the motion was divided, the court declined to order costs to either party and encouraged future negotiation and mediation.

The plaintiffs brought a motion to set aside a registrar's order dismissing their action for delay.

The action, which involved a long-standing neighbour dispute, was dismissed after the plaintiffs failed to set it down for trial within the prescribed time limits.

The court applied the Reid factors and found that the plaintiffs had adequately explained most of the delay, the failure to set the action down was due to inadvertence, the motion was brought promptly, and the defendant suffered no significant prejudice.

The court set aside the dismissal order and granted a short extension to set the action down for trial.