In re Shawaga Estate
Re Shawaga Estate (No. 1), [1943] 2 WWR 188
Annie Bogucki stated that Mike Shawaga “did by valid gifts made in contemplation of
death” present her with “deposits in different banks, war savings certificates and
victor bonds.” (189) She had lived with Shawaga for some time, had gone by Annie Shawaga,
and “was commonly known as his wife.” (191) After his death, the Western Trust Company,
the administrator of Shawaga’s estate, sought to possess Shawaga’s assets; Bogucki
and the firm agreed to take the issue to court to “determine the question of whether
there was any such gift” made to her. (189) The Custodian of Enemy Property applied
to be made party defendant, asserting that Shawaga’s rightful heirs lived in enemy-occupied
Poland. The trust company doubted that this was the case. If it were true, Shawaga’s
property in Canada would be vested in the Custodian of Enemy Property. Justice Bigelow
believed that the Custodian ought to be entitled to come into the case and defend
their concerns, noting that the Custodian “may be saddled” with the costs of the case
if he was unable to prove that there were heirs in Poland. (191) The claimant appealed
the addition of this defendant, though she and her counsel did not deny that the deceased
left relatives in Poland; they argued that the Custodian was an unnecessary presence
- the administrator, the trust company, ought to be the only “necessary defendant.”
(192) Justice Mackenzie dismissed the assumption of Bogucki, citing the “special capacity”
of the Custodian. (194) The appeal was dismissed, and no costs were distributed. See
also In re The Saskatchewan Insurance Act In re Shawaga Estate (No. 2) ([1944] 4 D.L.R.
410 ) and In re Shawaga Estate Bogucki v. Western Trust Company and Custodian of
Enemy Property (No. 3) ([1944] 2 W.W.R. 407).
Plaintiffs |
Custodian of Enemy Property
|
Defendants | |
Appellants | |
Respondents |
Custodian of Enemy Property
|
Judges |
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Title
In re Shawaga Estate
Credits
Researcher: Monique F. Ulysses
Researcher: Lauren Chalaturnyk
Metadata author: Connell Parish
Metadata author: Gordon Lyall
Publication Information: See Terms of Use for publication and licensing information.
Source:
Saskatchewan Court of Appeal.
Western Weekly Reports.
1942.
Terminology
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