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 Bogucki Appellants Bogucki Respondents Custodian of Enemy Property Judges Chief Justice of Saskatchewan Martin Justice of Appeal Mackenzie Justice of Appeal MacDonald