The court granted a motion to dispense with service of the statement of claim and motion on the deceased’s estate, finding that the plaintiff had made extensive but unsuccessful efforts to locate a representative for the estate.
The court relied on the Rules of Civil Procedure and relevant case law to permit the proceeding to continue in the absence of a representative, and ordered that any surplus proceeds be paid into court on notice to the beneficiaries.
Costs were fixed at $8,943.47.
