LOGAN ESTATE (RE), 2020 ABQB 308
9.5: Entry of judgments and orders
9.6: Effective date of judgments and orders
This was an Endorsement by Justice Mah in an estate matter that dealt with whether he should issue a fiat under Rule 9.5(2) to permit the formal entry of an Order even though more than three months had passed since it was pronounced. The Decision had been made on November 12, 2019.
In a previous Endorsement, Justice Mah had dispensed with the requirement to file an Order in relation to a Costs Decision so that a Bill of Costs could be filed immediately. Counsel for the personal representative sought a fiat for late entry and sought to settle the Order. The Applicant argued that the Order should not be entered and disagreed with the November 12, 2019 Decision but did not provide any other reason for opposing the fiat and did not contest the contents of the Order.
Justice Mah noted that pursuant to Rule 9.6 an Order takes effect from the day it is pronounced whether or not it has been entered. The proper remedy for a party who disagrees with the Court is to Appeal the Decision instead of resisting the entry of an Order. Accordingly, Justice Mah endorsed the Order and granted the fiat necessary to allow the late filing of the Order.View CanLII Details