331 D.L.R. (4th) 352, 75 C.B.R. (5th) 19, 89 C.C.P.B. 39, 17 P.P.S.A.C. (3d) 194,
201 A.C. W.S. (3d) 553; Thorner v. Major,  UKHL 18,  1 W.L.R. 776,
 3 All E.R. 945,  2 F.L.R. 405,  3 F.C.R. 123,  2 P. & C.R.
24,  2 E.G.L.R. 111 (H.L.); Tidy v. Alexander,  O.J. No. 5670, 2010
ONSC 6889, 195 A.C. W.S. (3d) 1071 (S.C.J.); Westdeutsche Landesbank Girozentrale v. Islington London Borough Council,  UKHL 12,  A.C. 669,
 2 All E.R. 961, 95 L.G.R. 1 (H.L.)
Statutes referred to
Companies’ Creditors Arrangement Act, R.S.C. 1985, c. C-36 [as am.]
Insurance Act, R.S.O. 1990, c. I.8 [as am.], Part V [as am.], ss. 171(1) [as am.],
190 [as am.], 191 [as am.], (1) [as am.], (2), 200(1)(b)
Pension Benefits Act, R.S.O. 1990, c. P.8, ss. 8(1)(a), 22(4)
Succession Law Reform Act, R.S.O. 1990, c. S.26 [as am.]
Authorities referred to
Brown, Craig, and Thomas Donnelly, Insurance Law in Canada, loose-leaf
(Toronto: Carswell, 2016)
Chambers, Robert, “Constructive trusts in Canada” (1999), 37:1 Alta. L. Rev. 173
Gillese, Eileen E., Law of Trusts, 3rd ed. (Toronto: Irwin Law Inc., 2014)
McInnes, Mitchell, The Canadian Law of Unjust Enrichment and Restitution
(Markham, Ont.: LexisNexis, 2014)
Oosterhoff, A.H., et al., Oosterhoff on Trusts: Text, Commentary and Materials,
8th ed. (Toronto: Carswell, 2014)
Waters, Donovan W.M., et al., Waters’ Law of Trusts in Canada, 4th ed. (Toronto:
APPEAL from the judgment of Wilton-Siegel J.,  O.J. No.
7761, 2015 ONSC 3914 for the applicant.
Jeremy R. Opolsky, for appellant.
David M. Smith, for respondent.
BLAIR J.A. (STRATHY C.J.O. concurring): —
 The issue on this appeal is whether the appellant, Risa
Lorraine Sweet, or the respondent, Michelle Constance Moore, is
entitled to the proceeds of a policy of insurance on the life of
Lawrence Anthony Moore. The proceeds of the policy have been
paid into court pending resolution of these competing claims.
 The Moores were married for more than 20 years and
Ms. Moore was the named beneficiary of the policy during their
marriage. She was not designated as an irrevocable beneficiary,
however. Following the separation, Mr. Moore established a relationship with Ms. Sweet. They lived together in Ms. Sweet’s
apartment until his death 13 years later. Shortly after Mr. Moore
and Ms. Sweet began living together — and contrary to an oral
agreement he had with Ms. Moore, who continued to pay the
premiums — Mr. Moore revoked the designation of Ms. Moore as