LUX v LUX, 2021 ABCA 413


2.11: Litigation representative required
2.15: Court appointment in absence of self-appointment

Case Summary

The Appeal arising from a pension division Order was scheduled to be heard prior to the death of the Respondent. The Appeal was adjourned to allow counsel to, amongst other things, bring an Application to appoint a litigation representative of the estate.

The Court noted that an estate must have a litigation representative to bring or defend an Action, or otherwise participate in an Action pursuant to Rule 2.11. Where an estate does not have a litigation representative, the Court may appoint one pursuant to Rule 2.15(2). The deceased’s will appointed an executor; however, the beneficiary of the estate agreed to be appointed as litigation representative to defend the Appeal.

The Appellant refused to consent to the Order appointing the beneficiary as litigation representative on the belief that the litigation representative must be a lawyer. The Court held that was not correct and appointed the beneficiary as litigation representative under Rule 2.15 for the limited purpose of responding to the Appeal.

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