KLEIN (RE), 2021 ABQB 687


1.2: Purpose and intention of these rules
4.10: Assistance by the Court

Case Summary

This was an Application by beneficiaries of an estate to have a matter referred for Case Management, pursuant to Rule 4.10.

The Court concluded that, although matters of substance relating to administration of the estate had previously been brought before the Court, those matters had been fully addressed, leaving only “trivial” matters with minimal associated monetary value. Accordingly, bearing in mind the Court’s power to dismiss claims determined to be frivolous or without merit pursuant to Rule 1.2(2), and the proportionality provision in Rule 1.2(4), the Court dismissed the Application and maintained the previously issued stay in proceedings.

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