Jensen v. Jensen Estate, (1991) 10 B.C.A.C. 1 (CA)

• Judge: Gibbs, J.A.
• Court: Court of Appeal (British Columbia)
• Case Date: December 06, 1991
• Jurisdiction: British Columbia
• Citations: (1991), 10 B.C.A.C. 1 (CA)

Jensen v. Jensen Estate (1991), 10 B.C.A.C. 1 (CA);

    21 W.A.C. 1

MLB headnote and full text

Tanja Rosa Jensen, Executrix and Residual Beneficiary of the Estate of Walther Behrens Jensen, also known as Walter Behrens Jenson (appellant) v. Anne-Marie Venardos, Executrix of the Estate of Walther Behrens Jensen, also known as Walter Behrens Jensen, The Estate of Walther Behrens Jensen, also known as Walter Behrens Jenson, and Richard Johnston (respondents)

(Vancouver Registry No. CAO14478; Victoria Registry No. VO1392)

Indexed As: Jensen v. Jensen Estate

British Columbia Court of Appeal

Gibbs, J.A.

December 20, 1991.

Summary:

A residuary beneficiary applied for extensions of time to file appeals against various orders made in connection with the probate and administration of the estate.

The British Columbia Court of Appeal dismissed the applications.

Practice - Topic 8872

Appeals - Leave to appeal - Extension of time for application for - A testator left the residue of his estate to his two daughters and appointed them executors - Because of their hostility, a joint application for probate failed - The court appointed one daughter executrix - The other constantly attempted to interfere in the administration of the estate and filed numerous applications and affidavits levelling irrelevant allegations against parties associated with the probate and administration - She applied for extensions of time to appeal various orders, including the grant of probate, the passing of the accounts and taxation of the estate solicitor's bill of costs - The British Columbia Court of Appeal dismissed the applications.

Cases Noticed:

Davies v. Canadian Imperial Bank of Commerce (1987), 15 B.C.L.R.(2d) 256 (B.C.C.A.), refd to. [para. 14].

Statutes Noticed:

Supreme Court Act, R.S.B.C. 1979, c. 397, sect. 67 [para. 5].

Counsel:

Tanja Rosa Jensen, on her own behalf;

   Richard F. Johnston, on his own behalf.

These applications were heard on December 6, 1991, at Vancouver, British Columbia, in Chambers, before Gibbs, J.A., of the British Columbia Court of Appeal, who delivered the following judgment on December 20, 1991.