Darichuk Estate, Re, (1988) 70 Sask.R. 215 (CA)

• Judge: Gerwing, J.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: August 24, 1988
• Jurisdiction: Saskatchewan
• Citations: (1988), 70 Sask.R. 215 (CA)

Darichuk Estate, Re (1988), 70 Sask.R. 215 (CA)

MLB headnote and full text

In The Matter Of the Estate of Peter Darichuk and In The Matter Of an application by Phillip Leonard Kotyk, Executor

(No. 9228)

Indexed As: Darichuk Estate, Re

Saskatchewan Court of Appeal

Gerwing, J.A.

August 24, 1988.

Summary:

An executor applied for advice and directions from the court in construing the residual clause of the testator's will. The issue concerned the meaning to be attributed to the words "my dear grandchildren". There were four claimants to the residue.

The Saskatchewan Surrogate Court in a decision reported in 50 Sask.R. 8, held that all the claimants were entitled to share in the residue. One of the claimants, Lorraine Darichuk, appealed. One month after the date fixed for the appeal (two years after the date of the trial judgment), the executor applied for an extension of time to file a notice to vary the trial judgment. The affected respondent in the appeal (another of the beneficiaries) would be inconvenienced by the need to expeditiously prepare a factum. A judge of the Saskatchewan Court of Appeal ordered that this inconvenience could be compensated by the filing by the executor of $750.00 to the credit of the affected respondent beneficiary. The court extended the time for filing the notice to vary but ordered the executor to file his factum within one week.

Practice - Topic 9165

Appeals - Cross-appeals, notices of contention and notices to vary - Filing of - Extension of time - A beneficiary appealed an order respecting the interpretation of the deceased's will - One month after the date fixed for the appeal (two years after the date of the trial judgment), the executor applied for an extension of time to file a notice to vary the trial judgment - The affected respondent in the appeal (another beneficiary) would be inconvenienced by the need to expeditiously prepare a factum - The Saskatchewan Court of Appeal ordered that this inconvenience be compensated for by the filing by the executor of $750.00 to the credit of the affected respondent beneficiary - The court extended the time for filing the notice but ordered the executor to file his factum within one week.

Counsel:

B. Rourke, for the applicant;

D.F. Holt, for I. Darichuk;

K. Wasylyshen and M. Scott, for Tracy Mackie.

This application was heard before Gerwing, J.A., of the Saskatchewan Court of Appeal, in Chambers, whose decision was delivered on August 24, 1988.