Thorsen Estate v. Thorsen, 2002 NSSC 97

JudgeHall, J.
CourtSupreme Court of Nova Scotia (Canada)
Case DateMarch 27, 2002
JurisdictionNova Scotia
Citations2002 NSSC 97;(2002), 203 N.S.R.(2d) 107 (SC)

Thorsen Estate v. Thorsen (2002), 203 N.S.R.(2d) 107 (SC);

 635 A.P.R. 107

MLB headnote and full text

Temp. Cite: [2002] N.S.R.(2d) TBEd. AP.043

The Estate of the Late Gwendolyn Pauline Thorsen represented by its Executor, Robert Anker Thorsen (plaintiff) v. Kristopher Thor Thorsen (defendant)

(S.K. No. 8348; 2002 NSSC 97)

Indexed As: Thorsen Estate v. Thorsen

Nova Scotia Supreme Court

Hall, J.

April 12, 2002.

Summary:

An executor brought an action to determine the entitlement to certain money and securi­ties owned by the testatrix prior to her death.

The Nova Scotia Supreme Court, in a decision reported at 201 N.S.R.(2d) 320; 629 A.P.R. 320, gave judgment for the de­fendant. Costs were disputed.

The Nova Scotia Supreme Court awarded the executor party and party costs payable from the fund that was the subject of the proceeding and refused to award any costs to the defendant.

Executors and Administrators - Topic 5541

Actions by and against representatives - Costs - General - The defendant lived with and cared for his mother - She deposited funds in joint bank accounts and purchased stock that was held jointly with him - She also purchased stock in his name only - Her executor disputed the defendant's entitlement to the money and securities - The defendant was successful at trial - The Nova Scotia Supreme Court awarded the executor party and party costs payable from the fund that was the subject of the proceeding and refused to award any costs to the defendant - It was the collective conduct of the testatrix and the defendant that was mainly responsible for the sus­picions that arose and the confusion as to the testatrix's true intentions respecting the disposition of her property.

Practice - Topic 7021

Costs - Party and party costs - Entitlement to party and party costs - Successful party - Exceptions - Conduct - [See Executors and Administrators - Topic 5541 ].

Practice - Topic 7040

Costs - Party and party costs - Entitlement to party and party costs - Unsuccessful party - [See Executors and Administra­tors - Topic 5541 ].

Cases Noticed:

Niles v. Lake, [1947] S.C.R. 291; D.L.R. 248, dist. [para. 6].

MacInnis Estate v. MacDonald (1994), 138 N.S.R.(2d) 321; 394 A.P.R. 321 (S.C.), refd to. [para. 7].

Bent v. Nova Scotia Farm Loan Board et al. (1978), 30 N.S.R.(2d) 552; 49 A.P.R. 552 (C.A.), refd to. [para. 10].

Winters Estate, Re (1999), 180 N.S.R.(2d) 388; 557 A.P.R. 388 (Prob. Ct.), refd to. [para. 11].

Counsel:

Leroy Lenethen, Q.C., & John Shanks, for the plaintiff;

Robert C. Stewart, Q.C., for the defendant.

This matter was heard on March 27, 2002, by Hall, J., of the Nova Scotia Supreme Court, who delivered the following decision on April 12, 2002.

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2 practice notes
  • Van Kippersluis v. Van Kippersluis, 2011 NSSC 399
    • Canada
    • Probate Court of Nova Scotia (Canada)
    • October 31, 2011
    ...162, ¶¶ 7 viii. Winters Estate , 1999 CanLII 18600 (¶¶NSPC ix. Harnum v Moser , 2007 NSSC 351 at para 25 x. Thorsen Estate v Thorsen , 2002 NSSC 97 at ¶¶ 15 - 16. [10] My synopsis of the applicant's submissions is: a) The application was not frivolous as the circumstances surrounding the Wi......
  • Harnum v. Moser et al., 2007 NSSC 351
    • Canada
    • Nova Scotia Supreme Court of Nova Scotia (Canada)
    • September 10, 2007
    ...24]. Winters Estate, Re (1999), 180 N.S.R.(2d) 388; 557 A.P.R. 388 (Prob. Ct.), refd to. [para. 27]. Thorsen Estate v. Thorsen (2002), 203 N.S.R.(2d) 107; 635 A.P.R. 107 (S.C.), refd to. [para. Marshall Estate, Re (1998), 50 O.T.C. 357 (Gen. Div.), refd to. [para. 47]. Olenchuk Estate, Re, ......
2 cases
  • Van Kippersluis v. Van Kippersluis, 2011 NSSC 399
    • Canada
    • Probate Court of Nova Scotia (Canada)
    • October 31, 2011
    ...162, ¶¶ 7 viii. Winters Estate , 1999 CanLII 18600 (¶¶NSPC ix. Harnum v Moser , 2007 NSSC 351 at para 25 x. Thorsen Estate v Thorsen , 2002 NSSC 97 at ¶¶ 15 - 16. [10] My synopsis of the applicant's submissions is: a) The application was not frivolous as the circumstances surrounding the Wi......
  • Harnum v. Moser et al., 2007 NSSC 351
    • Canada
    • Nova Scotia Supreme Court of Nova Scotia (Canada)
    • September 10, 2007
    ...24]. Winters Estate, Re (1999), 180 N.S.R.(2d) 388; 557 A.P.R. 388 (Prob. Ct.), refd to. [para. 27]. Thorsen Estate v. Thorsen (2002), 203 N.S.R.(2d) 107; 635 A.P.R. 107 (S.C.), refd to. [para. Marshall Estate, Re (1998), 50 O.T.C. 357 (Gen. Div.), refd to. [para. 47]. Olenchuk Estate, Re, ......

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