In re The Saskatchewan Insurance Act In re Shawaga Estate (No. 2)

Annie Bogucki went to live with Mike Shawaga. Both were previously married, Mike Shawaga to a different Annie, Annie Shawaga, who lived Poland. Annie Bogucki assumed the name of Annie Shawaga while living with him, and was introduced as and treated by him as his wife. Mike Shawaga took out a life insurance policy in the name of 'Annie Shawaga, wife of the Assured'. The assured died in December 1941, leaving the question of whether Annie Bogucki is the proper recipient. Justice Dorion decided she was not, finding that the original Annie Shawaga was fully described by the life insurance policy, and therefore evidence of the insured that might lead to a different conclusion cannot be admitted. See also In re Shawaga Estate ([1943] 2 W.W.R. 188) and In re Shawaga Estate Bogucki v. Western Trust Company and Custodian of Enemy Property (No. 3) ([1944] 2 W.W.R. 407)