Kristine J. Anderson

The applicant brought a dependant's relief application on behalf of her two minor children against the estate of their deceased father.

The court had to determine whether a pre-retirement surviving spouse pension benefit and a life insurance policy should be included in the net assets of the estate under section 72 of the Succession Law Reform Act.

The court held that the life insurance policy was included, but the surviving spouse pension benefit was not, as it was payable by virtue of marital status rather than a beneficiary designation.

The court ordered the net estate to be split equally between the deceased's children and his surviving spouse.

The defendants brought a motion to amend their Statement of Defence and Counterclaim to add a new party and claim damages for negligent misrepresentation.

The plaintiff opposed the motion on the basis that the proposed claim was statute-barred under the Limitations Act, 2002.

The court found that the defendants failed to provide a sufficient evidentiary record to rebut the presumption of discoverability under section 5(2) of the Act.

The motion to amend the pleadings and add the party was dismissed.