Power Estate (Re)

Power Estate (Re)

The court upheld deference to the Registrar's findings on credibility and fact where the judge did not hear the evidence and found the Registrar's conclusion that the appellant lied under oath and advanced a fraudulent claim was supported by the record; such conduct met the high threshold required to justify solicitor and client costs, therefore the Registrar's award of solicitor and client costs was upheld and the appeal dismissed.

Citation
2007 NSSC 126
Parties
Appellant/claimant: Scott Pearson Power; Respondent/estate: Estate of Glenda Cecelia Power; Executors/trustees: Karen Michelle McInnes and David McInnes
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
30 April 2007
Procedural Posture
Probate Appeal / Decision on Appeal From Registrar of Probate
Outcome
Appeal dismissed; Registrar's award of solicitor and client costs upheld
Legal Topics
Will Probate, Appeal From Registrar, Solicitor and Client Costs, Admissibility of Additional Evidence Under Statute S.93, Credibility Findings
Source Language
English
Probate Law Estate Administration Civil Procedure Costs Law Will Probate Appeal From Registrar Solicitor and Client Costs Admissibility of Additional Evidence Under Statute S.93 +1 more

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Parties

Scott Pearson Power

Appellant/claimant

Estate of Glenda Cecelia Power

Respondent/estate

Karen Michelle McInnes and David McInnes

Executors/trustees

Procedural Posture

Probate Appeal / Decision on Appeal From Registrar of Probate

Legal Issues

  1. 1 Whether the Registrar erred in dismissing the claimant's estate claim
  2. 2 Whether the award of solicitor and client costs was appropriate
  3. 3 Whether the court should admit further evidence under s.93 of the Probate Act

Ratio Decidendi

The court upheld deference to the Registrar's findings on credibility and fact where the judge did not hear the evidence and found the Registrar's conclusion that the appellant lied under oath and advanced a fraudulent claim was supported by the record; such conduct met the high threshold required to justify solicitor and client costs, therefore the Registrar's award of solicitor and client costs was upheld and the appeal dismissed.

Court Disposition

Appeal dismissed; Registrar's award of solicitor and client costs upheld

Orders

  • Appeal dismissed
  • Registrar's decision awarding solicitor and client costs upheld