Cormier Estate v. Notre Dame Union Société ltée, [1966] N.B. Law News No. 9 (CA)

• Judge: Bridges, C.J.N.B., Ritchie and West, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: February 17, 1966
• Jurisdiction: New Brunswick
• Citations: [1966] N.B. Law News No. 9 (CA)

Cormier v. Notre Dame Union, [1966] N.B. Law News No. 9 (CA)

MLB Law News

Normand Cormier, Administrator of the Estate of Alfred Cormier, deceased (plaintiff/appellant) v. Notre Dame Credit Union Society Limited (a body corporate) (defendant/respondent)

(Archives RS43/1964)

Indexed As: Cormier Estate v. Notre Dame Union Société ltée

New Brunswick Supreme Court

Appeal Division

Bridges, C.J.N.B., Ritchie and West, JJ.A.

February 17, 1966.

Summary:

Pursuant to section 19(3) of the Credit Unions Act of 1952 the deceased, Albert Cormier, attempted on death to pass his shares and deposits in a credit union to beneficiaries. Held that nomination effective to pass deceased's interest in shares of the credit union but not effective to pass his interest in deposits with the credit union. Held that the words "Interest in the Credit Union" in section 19(3) does not include deposits which create a debtor/creditor relationship.

Company Law - Topic 7504

Credit Unions - General - Passing of interest in credit union upon death - See paragraphs 1 to 13.

Counsel:

Louis F. LeBlanc, for the appellant;

Jean Bernard, Q.C., for the respondent.

This appeal was heard before Bridges, C.J.N.B., Ritchie and West, JJ.A., of the New Brunswick Supreme Court, Appeal Division. West, J.A., delivered the following decision for the court on February 17, 1966.