Kondola v. Kondola Estate

Kondola v. Kondola Estate

The petition to remove the executor was dismissed and costs were ordered to follow the event; the court held that applications to remove an executor are not matters under Schedule A and therefore the executor's costs should be taxed on Scale B; the two other respondents were entitled only to items 26 and 27 on a Scale B level; unresolved questions as to items properly part of estate administration are to be referred to the Registrar.

Citation
2014 BCSC 438
Parties
Petitioner: Budh Singh Kondola; Executor: Gulwant Singh Kondola in his capacity as Executor of the Estate of Bakhshish Singh Kondola otherwise known as Bahksish Singh Kondola, Deceased; Respondents: Amarjit Kondola and Surjit Kondola
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
14 March 2014
Procedural Posture
Application to Remove Executor / Costs Determination After Judgment
Outcome
Petition to remove executor dismissed; costs to follow the event; executor's costs to be taxed on Scale B; Amarjit and Surjit Kondola awarded only items 26 and 27 on Scale B; unresolved cost items to be referred to the Registrar.
Legal Topics
Removal of Executor, Costs Assessment, Executor Duties, Estate Administration
Source Language
English
Estate Law Civil Procedure Removal of Executor Costs Assessment Executor Duties Estate Administration

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Parties

Budh Singh Kondola

Petitioner

Gulwant Singh Kondola in his capacity as Executor of the Estate of Bakhshish Singh Kondola otherwise known as Bahksish Singh Kondola, Deceased

Executor

Amarjit Kondola and Surjit Kondola

Respondents

Procedural Posture

Application to Remove Executor / Costs Determination After Judgment

Legal Issues

  1. 1 Whether the petitioner should be permitted to remove the respondent as executor
  2. 2 Appropriate tariff scale (Scale A v. Scale B) for taxation of costs
  3. 3 Extent of costs recoverable by nominal respondents Amarjit and Surjit Kondola

Ratio Decidendi

The petition to remove the executor was dismissed and costs were ordered to follow the event; the court held that applications to remove an executor are not matters under Schedule A and therefore the executor's costs should be taxed on Scale B; the two other respondents were entitled only to items 26 and 27 on a Scale B level; unresolved questions as to items properly part of estate administration are to be referred to the Registrar.

Court Disposition

Petition to remove executor dismissed; costs to follow the event; executor's costs to be taxed on Scale B; Amarjit and Surjit Kondola awarded only items 26 and 27 on Scale B; unresolved cost items to be referred to the Registrar.

Orders

  • Costs to follow the event
  • Executor's costs to be taxed on Scale B