Ruffolo v. Juba-Ruffolo

Ruffolo v. Juba-Ruffolo

The chambers judge erred in treating Jacobson v. Huber as governing; because the appellant was charged (not convicted) and the respondent acknowledged strong animosity, the requisite detachment for impartial administration was lacking and appointment risked prejudice and diminution of a modest estate; therefore the appointment was set aside and the matter remitted for reconsideration by the Supreme Court of British Columbia.

Citation
2005 BCCA 26
Parties
Respondent (plaintiff): Mario Ruffolo; Appellant (defendant): Ruby-Ann Juba-Ruffolo
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
14 January 2005
Procedural Posture
Appeal From Appointment of Administrator of Intestate Estate / Decision on Appeal by Court of Appeal Allowing Appeal and Remitting Matter to Trial Court
Outcome
Appeal allowed; order appointing respondent as administrator set aside; matter remitted to the Supreme Court of British Columbia; costs submissions ordered
Legal Topics
Letters of Administration, Appointment of Administrator, Intestacy, Disqualification for Benefit From Criminal Conduct, Conflict of Interest, Remittal
Source Language
English
Estate Law Probate Criminal Law Letters of Administration Appointment of Administrator Intestacy Disqualification for Benefit From Criminal Conduct Conflict of Interest +1 more

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Parties

Mario Ruffolo

Respondent (plaintiff)

Ruby-Ann Juba-Ruffolo

Appellant (defendant)

Procedural Posture

Appeal From Appointment of Administrator of Intestate Estate / Decision on Appeal by Court of Appeal Allowing Appeal and Remitting Matter to Trial Court

Legal Issues

  1. 1 Whether the respondent father should be appointed administrator despite acknowledged animosity toward the widow/beneficiary
  2. 2 Whether Jacobson v. Huber governs appointment in circumstances where a beneficiary is charged but not convicted of homicide
  3. 3 Whether the requirement for detachment and impartial administration is met and whether appointment would risk depletion of the estate through litigation

Ratio Decidendi

The chambers judge erred in treating Jacobson v. Huber as governing; because the appellant was charged (not convicted) and the respondent acknowledged strong animosity, the requisite detachment for impartial administration was lacking and appointment risked prejudice and diminution of a modest estate; therefore the appointment was set aside and the matter remitted for reconsideration by the Supreme Court of British Columbia.

Court Disposition

Appeal allowed; order appointing respondent as administrator set aside; matter remitted to the Supreme Court of British Columbia; costs submissions ordered

Orders

  • Written submissions on costs of the appeal to be submitted in accordance with directions given by the Court