Rolf Piehler

The deceased designated one of her two sons as the sole beneficiary of two segregated fund policies.

Following her intestate death, the other son claimed entitlement to half the proceeds, arguing the designated beneficiary promised to share them and held them on a resulting trust for the estate.

The court found insufficient corroborated evidence of a binding promise to share the proceeds.

Applying Mak (Estate) v. Mak, the court held that the presumption of resulting trust does not apply to beneficiary designations under the Succession Law Reform Act.

The proceeds were ordered paid out of court to the designated beneficiary.

The plaintiff brought a motion for default judgment against the defendants.

The court granted the motion, finding the facts supported judgment in the amounts set out in the draft judgment.

The court also declared that the judgment debts arose from fraudulent misrepresentations under section 178(1)(e) of the Bankruptcy and Insolvency Act and would survive any present or future bankruptcy proceedings by the defendants.

No costs were sought or ordered.