Richard C. Corbett

The applicants, the estranged wife and children of the deceased, brought an application against the respondents, the executors of the deceased's estate.

The deceased had changed the beneficiary designation on his life insurance policy and an RRSP shortly before his death, which the applicants alleged breached a separation agreement.

The applicants sought immediate payment of the life insurance proceeds and an order that the RRSP proceeds be paid into court.

The court declined to order immediate payment or payment into court, noting potential limitation issues and a lack of evidence regarding the deceased's competence, but ordered the trustees to pass their accounts within 90 days and maintain the insurance proceeds in investment for support payments.

The defendant moved to set aside a $6 million default judgment entered against her.

The plaintiffs had sued the defendant and others for misconduct related to the purchase of life insurance policies.

The court found that while the defendant did not bring the motion promptly and lacked a good explanation for her default, she had an arguable defence on the merits regarding her personal liability as a corporate officer.

Balancing the factors, the court set aside the default judgment on terms, requiring the defendant to pay costs thrown away and the costs of the motion, and allowing the writ of execution to remain on title.