The respondent and the deceased operated a jewellery store through a company and each named the other as sole beneficiary of a life insurance policy.
Following the deceased's death, the respondent sought a declaration that he was entitled to the insurance proceeds and judgment on a promissory note.
The estate claimed the proceeds were subject to a buy-sell agreement and constructive trust.
The motion judge granted partial summary judgment declaring the respondent entitled to the proceeds and dismissed the estate's counterclaim, but directed the promissory note claim to trial.
The appeal was dismissed.
