Stacey v. Stacey

Stacey v. Stacey

The court dismissed the respondents' application to dismiss the appeal for failure to provide the transcript undertaking, afforded the appellant specified opportunities and deadlines to procure and file a certified transcript and to file the appeal book and factum, struck the Estate as a party for lack of authority,...

Source-derived case information.

Citation
2010 NLCA 14
Parties
First Appellant: Robert Stacey; Second Appellant: Estate of Lydia Clarice Stacey; First Respondents: Judy Stacey and Linda Chafe; Second Respondent: McInnes Cooper as Administrators of the Estate of Lydia Clarice Stacey
Court
Newfoundland and Labrador Court of Appeal
Jurisdiction
Canada
Judgment Date
2 March 2010
Procedural Posture
Appeal / Court of Appeal Memorandum of Disposition
Outcome
Application to dismiss the appeal dismissed; procedural orders made including requirement to file certified transcript and timelines; second appellant struck; certain paragraphs of notice struck; appeal ultimately discontinued by Notice of Discontinuance filed Feb 19, 2010.
Legal Topics
Undertaking for Transcript, Striking Parties, Vexatious Litigant, Extension of Time, Notice of Appeal, Settlement and Discontinuance
Source Language
english
Civil Procedure Probate and Estates Appeal Procedure Undertaking for Transcript Striking Parties Vexatious Litigant Extension of Time Notice of Appeal +1 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Robert Stacey

First Appellant

Estate of Lydia Clarice Stacey

Second Appellant

Judy Stacey and Linda Chafe

First Respondents

McInnes Cooper as Administrators of the Estate of Lydia Clarice Stacey

Second Respondent

Procedural Posture

Appeal / Court of Appeal Memorandum of Disposition

Legal Issues

  1. 1 Whether the appeal should be dismissed or the notice of appeal struck for failure to file an undertaking to request transcription as required by court rule
  2. 2 Whether the Estate could be named or represented by the appellant without authority
  3. 3 Whether parts of the notice of appeal were frivolous, vexatious or subject to issue estoppel and should be struck

Ratio Decidendi

The court dismissed the respondents' application to dismiss the appeal for failure to provide the transcript undertaking, afforded the appellant specified opportunities and deadlines to procure and file a certified transcript and to file the appeal book and factum, struck the Estate as a party for lack of authority, amended the name of the second respondent, struck out paragraphs 8–10 of the Notice of Appeal, and declined to make costs orders; the court did not adjudicate the broader question of exercising inherent jurisdiction to enjoin alleged vexatious litigants because that application was withdrawn and the appeal was later discontinued by notice of discontinuance.

Court Disposition

Application to dismiss the appeal dismissed; procedural orders made including requirement to file certified transcript and timelines; second appellant struck; certain paragraphs of notice struck; appeal ultimately discontinued by Notice of Discontinuance filed Feb 19, 2010.

Orders

  • Application to dismiss the appeal or strike out the notice of appeal dismissed
  • First appellant Robert Stacey shall file on or before December 22, 2009 an affidavit, letter or email from Jill Simeon (UK transcription service) confirming engagement, qualifications, dates of completed transcription, estimate to complete balance, and an undertaking to deliver the completed transcript by January...