Robinson Estate, Re, (2014) 309 Man.R.(2d) 236 (QBM)

• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: September 24, 2014
• Jurisdiction: Manitoba
• Citations: (2014), 309 Man.R.(2d) 236 (QBM);2014 MBQB 193

Robinson Estate, Re (2014), 309 Man.R.(2d) 236 (QBM)

MLB headnote and full text

Temp. Cite: [2014] Man.R.(2d) TBEd. OC.007

In The Estate Of Mildred Bernice Robinson

Elaine Lee (plaintiff) v. Brock Lee, Francine Lee-Matthys and Patrick Riley, personally and as Administrator with Will Annexed of the Estate of Mildred Bernice Robinson

(PR 07-01-75625; 2014 MBQB 193)

Indexed As: Robinson Estate, Re

Manitoba Court of Queen's Bench

Winnipeg Centre

Sharp, Master

September 24, 2014.

Summary:

Two defendants in an estate action sought an order requiring the plaintiff to post security for costs.

A Master of the Manitoba Court of Queen's Bench denied the motions.

Practice - Topic 8102

Costs - Security for costs - General principles - Persons against whom security may be ordered - Two defendants in an estate action sought an order requiring the plaintiff to post security for costs - A Master of the Manitoba Court of Queen's Bench denied the motions - The question was whether it was just to require security for costs on the basis of the defendants' characterization of the plaintiff as "abusive and vexatious" in her attitude toward the litigation - There was no question that, as an out of province litigant, the plaintiff was a candidate for an order requiring security for costs - However, this appeared to be negated by the unchallenged evidence presented by the plaintiff as to her resources in Manitoba as well as her bona fides as a professional person with an unsullied reputation who had always paid her debts - Further, there had been no motion to strike the plaintiff's claim as being without merit - While the plaintiff may not have been well served by her decision to represent herself, this did not justify requiring her to post security for costs and to do so would not be just.

Practice - Topic 8105

Costs - Security for costs - General principles - Considerations - [See Practice - Topic 8102 ].

Practice - Topic 8113

Costs - Security for costs - General principles - Where plaintiff resident out of jurisdiction - General - [See Practice - Topic 8102 ].

Practice - Topic 8120.4

Costs - Security for costs - General principles - Where claim frivolous or vexatious - [See Practice - Topic 8102 ].

Cases Noticed:

DeBono v. Smith et al. (1989), 62 Man.R.(2d) 98 (Q.B.), refd to. [para. 10].

Kalo v. Law Society of Manitoba (2014), 302 Man.R.(2d) 178 (Q.B. Master), refd to. [para. 10].

Franck Estate v. Webster et al. (1998), 129 Man.R.(2d) 87; 180 W.A.C. 87 (C.A.), refd to. [para. 22].

Kalo v. Law Society of Manitoba, [2014] M.J. No. 153 (Q.B. Master), dist. [para. 31].

Counsel:

E. Lee, appeared in person;

Robert L. Tapper, Q.C., for F. Lee-Matthys;

A. Blair Graham, Q.C., for B. Lee.

These motions were heard by Sharp, Master, of the Manitoba Court of Queen's Bench, Winnipeg Centre, who delivered the following judgment on September 24, 2014.