Court File and Parties

COURT FILE NO.: CV-21-662705 DATE: 20210617 SUPERIOR COURT OF JUSTICE – ONTARIO

RE: BMO LIFE ASSURANCE COMPANY Applicant AND: THE ESTATE OF WILLIAM BRITTON Respondent

BEFORE: Mr. Justice Chalmers COUNSEL: N. Holovaci, for the Applicant HEARD: By writing

ENDORSEMENT

[1] The Applicant brings this Application without notice for an order to pay into court the proceeds of an insurance policy, bearing policy number 90169723 (the “Policy”) issued to the late William Britton. The Application is brought pursuant to s. 214 of the Insurance Act R.S.O. 1990, C. I.8 (the “Act”). The amount payable under the Policy is $122,369.04.

[2] On October 22, 2019, Mr. Britton applied for BMO Guaranteed Investment Funds. The investment funds included a death benefit guarantee/insurance policy. On the Application, Mr. Britton designated Joan Seeram (girlfriend) as the primary beneficiary and Robert Britton (son) as the contingent beneficiary.

[3] Mr. Britton signed his Will on August 2, 2012. The Will appoints his spouse, Ellen Britton as the estate trustee, and if she predeceased him, appoints his daughter-in-law, Sheryl Lynne Britton to be the Estate Trustee. Mr. Britton died on June 23, 2020. The Estate Trustee pursuant to the Will is Sheryl Lynne Britton.

[4] The Applicant received a letter dated October 20, 2020 on behalf of the Estate Trustee, Sheryl Lynne Britton advising that the beneficiary designation under the Policy was being contested. On March 15, 2021, the Applicant received a letter from Rafal Szymanski a lawyer acting for Ms. Seeram asking that nothing be paid out on the Policy pending the determination of entitlement. On April 7, 2021, the Applicant received the Claimant’s Statement – Proof of Death from Ms. Seeram pursuant to which she claimed the benefit under the Policy.

[5] The Applicant advised the parties by letter dated April 6, 2021 that there were adverse claims to the proceeds of the Policy and as a result, BMO would be proceeding with an Application to pay the funds into court.

[6] Section 214 of the Act provides as follows:

s. 214 (1) Where an insurer admits liability for insurance money and it appears to the insurer that,

a. there are adverse claimants;

b. the whereabouts of a person entitled is unknown.

c. there is no person capable of giving and authorizing to give a valid discharge therefor, who is willing to do so;

d. there is no person entitled to the insurance money; or,

e. the person to whom the insurance money is payable would be disentitled on public policy or other grounds,

the insurer may, at any time after thirty days for the date of the happening of the event upon which the insurance money becomes payable, apply to the court without notice for an order for payment of the money into court, and the court may upon such notice, if any, as it thinks necessary make an order accordingly.

(3) A payment made by an insurer under an order made under subsection (1) discharges the insurer to the extent of the amount of the payment.

[7] Here, the Applicant has admitted liability to pay out the insurance money under the Policy. There are adverse claimants with respect to the proceeds of the Policy as between Joan Seeram, the beneficiary named on the Policy, and Sheryl Lynn Britton, the Estate Trustee. More than 30 days have passed since Mr. Britton’s death.

[8] The requirements for a payment into court pursuant to s. 214 of the Act are met. I am satisfied that the Applicant is entitled to an order to pay the proceeds of the Policy into court.

[9] Order to go in accordance with the draft order filed and signed by me.

DATE: JUNE 17, 2021