VANMAELE ESTATE (RE), 2018 ABQB 840
1.2: Purpose and intention of these rules
The Court addressed a series of issues in this estate matter which stemmed from an Application by the Personal Representatives to pass accounts. The Court addressed Rule 1.2 in two discrete instances throughout the lengthy Decision.
The Court ruled on the legitimacy of certain expenses claimed by the Personal Representatives, notwithstanding the fact that there had been deficiencies in the documentation regarding the expenses. The Court stated that the proportional approach encouraged by the Supreme Court of Canada, as well as Rule 1.2(2), permitted the Court to make a summary disposition on the matter notwithstanding the documentary deficiencies.
The Court also addressed whether the Respondents’ legal Costs should be paid personally by the Personal Representatives, or whether they should be paid by the Estate. The Personal Representatives had made definite errors that had been proven on the record; however, the Court stated that these errors had been adequately penalized through the obligation to repay improper expenditures. Further, there was no evidence that the Respondents had communicated openly and in a timely way to facilitate a timely and cost effective resolution to the matter as required by Rule 1.2(d). Both parties “lawyered up” from the outset and the Respondents demonstrated a combative approach throughout the duration of the matter. The Court ordered the estate to pay the Respondents’ Costs.View CanLII Details