Ditchfield Estate, Re, (1999) 252 A.R. 187 (SurCt)
| Judge | Clark, J. |
| Court | Court of Queen's Bench of Alberta (Canada) |
| Case Date | September 28, 1999 |
| Citations | (1999), 252 A.R. 187 (SurCt) |
Ditchfield Estate, Re (1999), 252 A.R. 187 (SurCt)
MLB headnote and full text
Temp. Cite: [1999] A.R. TBEd. OC.112
In The Matter Of The Estate of Eugenia Ditchfield
Claire Johnson (applicant) v. Zabrina Beers, Traci and David Ditchfield (respondents)
(Action No. 87041; 1999.ca.ab.qb.723)
Indexed As: Ditchfield Estate, Re
Alberta Surrogate Court
Judicial District of Calgary
Clark, J.
September 28, 1999.
Summary:
The applicant successfully sought proof of a will in solemn form. The judge requested counsel to speak on the issue of costs.
The Alberta Surrogate Court granted the applicant solicitor and his own client costs payable by the estate. The court disallowed a costs award in favour of the respondents.
Executors and Administrators - Topic 5548
Actions by and against representatives - Costs - Where payable out of estate - [See Executors and Administrators - Topic 5550 ].
Executors and Administrators - Topic 5550
Actions by and against representatives - Costs - Where payable by challenger of will - The applicant sought proof of a will in solemn form - The respondents contested, arguing, among other things, undue influence and suspicious circumstances - The applicant was successful - The claim of undue influence was "completely unfounded" - The judge requested counsel to speak on the issue of costs - The Alberta Surrogate Court first stated the general proposition that the costs of an action respecting an estate were payable by the estate - The court then granted the applicant solicitor and his own client costs payable by the estate - The court considered directing that the respondents contribute to the applicant's costs where they should have been aware that they were proceeding on precarious grounds - However, the court found it sufficient to disallow a costs award in favour of the respondents payable by the estate where part of their contestation was properly before the court.
Practice - Topic 7803
Costs - Solicitor and his own client costs - Entitlement to - General - [See Executors and Administrators - Topic 5550 ].
Cases Noticed:
Nickle, Re, [1973] 3 W.W.R. 97 (Alta. Surr. Ct.), consd. [para. 9].
Bisyk, Re (No. 2) (1980), 32 O.R.(2d) 281 (H.C.), consd. [para. 9].
Orleski and Kruger v. Reid, [1985] 3 W.W.R. 560; 38 Sask.R. 38 (Q.B.), consd. [para. 9].
Kolacz v. Burdeinei et al. (1997), 205 A.R. 54 (Q.B.), consd. [para. 9].
Statutes Noticed:
Surrogate Court Rules (Alta.), rule 90(h) [para. 6].
Counsel:
Laurie M. Robson and Lauren J.M. Warrack, for the applicant;
Hugh W. Adamson, for the respondents.
This costs matter was heard by Clark, J., of the Alberta Surrogate Court, Judicial District of Calgary, who delivered the following memorandum of judgment on September 28, 1999.
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...detriment of estate beneficiaries. See, inter alia , Babchuk v. Kutz , 2007 ABQB 88 and my own reasons in Johnson v. Beers , 1999 ABQB 723, 252 AR 187. Thus, the general approach now in estate litigation is that costs follow the event unless the challenge to the will was reasonable or an ex......
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...detriment of estate beneficiaries. See, inter alia , Babchuk v. Kutz , 2007 ABQB 88 and my own reasons in Johnson v. Beers , 1999 ABQB 723, 252 AR 187. Thus, the general approach now in estate litigation is that costs follow the event unless the challenge to the will was reasonable or an ex......
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...beneficiaries. See, inter alia , Babchuk v. Kutz , 2007 ABQB 88 (Alta. Q.B.) and my own reasons in Johnson v. Beers , 1999 ABQB 723, 252 A.R. 187 (Alta. Surr. Ct.). Thus, the general approach now in estate litigation is that costs follow the event unless the challenge to the will was reason......
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Branson Estate, Re, 2015 ABQB 602
...beneficiaries. See, inter alia , Babchuk v. Kutz , 2007 ABQB 88 (Alta. Q.B.) and my own reasons in Johnson v. Beers , 1999 ABQB 723, 252 A.R. 187 (Alta. Surr. Ct.). Thus, the general approach now in estate litigation is that costs follow the event unless the challenge to the will was reason......
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Anderson Estate, Re, [2012] A.R. Uned. 871 (QB)
...detriment of estate beneficiaries. See, inter alia , Babchuk v. Kutz , 2007 ABQB 88 and my own reasons in Johnson v. Beers , 1999 ABQB 723, 252 AR 187. Thus, the general approach now in estate litigation is that costs follow the event unless the challenge to the will was reasonable or an ex......
-
Nelson Estate, Re, (2014) 603 A.R. 354 (QB)
...detriment of estate beneficiaries. See, inter alia , Babchuk v. Kutz , 2007 ABQB 88 and my own reasons in Johnson v. Beers , 1999 ABQB 723, 252 AR 187. Thus, the general approach now in estate litigation is that costs follow the event unless the challenge to the will was reasonable or an ex......
-
Branson Estate, Re, [2015] A.R. Uned. 480
...beneficiaries. See, inter alia , Babchuk v. Kutz , 2007 ABQB 88 (Alta. Q.B.) and my own reasons in Johnson v. Beers , 1999 ABQB 723, 252 A.R. 187 (Alta. Surr. Ct.). Thus, the general approach now in estate litigation is that costs follow the event unless the challenge to the will was reason......
-
Branson Estate, Re, 2015 ABQB 602
...beneficiaries. See, inter alia , Babchuk v. Kutz , 2007 ABQB 88 (Alta. Q.B.) and my own reasons in Johnson v. Beers , 1999 ABQB 723, 252 A.R. 187 (Alta. Surr. Ct.). Thus, the general approach now in estate litigation is that costs follow the event unless the challenge to the will was reason......