Fitzgerald v. Hiltz Estate
The trial judge correctly found the parties entered into a settlement freely and voluntarily; the motion for fresh evidence and allegations of judicial bias were unsupported and did not disclose any reversible error, therefore the appeal is dismissed and costs awarded.
Source-derived case information.
- Citation
- 2024 NSCA 83
- Parties
- Appellant: Carroll Dianne Fitzgerald; Respondent: Estate of Carl Henry Hiltz, by its Personal Representative, Holly Gail Peers
- Court
- Nova Scotia Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 20 September 2024
- Procedural Posture
- Appeal to Court of Appeal / Judgment (appeal Dismissed)
- Outcome
- Appeal dismissed with costs of $5,000.00 inclusive of disbursements.
- Legal Topics
- Settlement Agreement, Fresh Evidence, Judicial Bias, Judicial Settlement Conference
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Carroll Dianne Fitzgerald
Appellant
Estate of Carl Henry Hiltz, by its Personal Representative, Holly Gail Peers
Respondent
Procedural Posture
Appeal to Court of Appeal / Judgment (appeal Dismissed)
Legal Issues
- 1 Whether the parties entered into a binding settlement agreement freely and voluntarily
- 2 Whether fresh evidence should be admitted on appeal
- 3 Whether the trial judge displayed bias or committed procedural impropriety
Ratio Decidendi
The trial judge correctly found the parties entered into a settlement freely and voluntarily; the motion for fresh evidence and allegations of judicial bias were unsupported and did not disclose any reversible error, therefore the appeal is dismissed and costs awarded.
Court Disposition
Appeal dismissed with costs of $5,000.00 inclusive of disbursements.
Orders
- Appeal dismissed.
- Motion for fresh evidence denied.
Full Case Text
Judgment text and source record
1 paragraphs
Fitzgerald v. Hiltz Estate Court Court of Appeal Date 2024-09-20 Citation 2024 NSCA 83 Docket CA 527648 Judge/Registrar/Adjudicator Bryson, Peter M.S. (Honourable Justice) (CA); Beaton, Carole A. (Honourable Justice) (CA); Gogan, Robin (Honourable Justice) (CA) Document Type Decision Decision Content Nova Scotia Court of Appeal Citation: Fitzgerald v. Hiltz Estate, 2024 NSCA 83 Date: 20240920 Docket: CA 527648 Registry: Halifax Between: Carroll Dianne Fitzgerald Appellant v. Estate of Carl Henry Hiltz, by its Personal Representative, Holly Gail Peers Respondent Judges: Bryson, Beaton, Gogan, JJ.A. Appeal Heard: September 18, 2024, in Halifax, Nova Scotia Held: Appeal dismissed with costs of $5,000.00, per reasons for judgment of the Court Counsel: Carroll Dianne Fitzgerald, appellant on her own behalf Sandra L. McCulloch and Claire Wayne, for the respondent By the Court: [1] We are unanimously of the view that the motion for fresh evidence and appeal is without merit and should be dismissed. [2] Ms. Fitzgerald has failed to identify any error in the decision of Justice Jeffrey R. Hunt reported as 2023 NSSC 259. His finding that the parties entered into a settlement agreement freely and voluntarily is supported by both the evidence and the Court record. [3] Justice Hunt correctly recited the applicable legal principles. His application of those legal principles to the facts of this case are beyond reproach. There is no basis to interfere with his decision. [4] Finally Ms. Fitzgerald, in her Notice of Appeal and her submissions today made allegations against Justice Hunt including: • He was biased against her; • He lied; • He demonstrated improprieties in how he conducted the December 17, 2021 Judicial Settlement Conference; and • He appeared not to consider evidence that she presented [5] We have thoroughly reviewed the record. There is absolutely no evidence to support these allegations; they are unsubstantiated and inappropriate. Conclusion [6] The appeal is dismissed with costs in the amount of $5,000.00, inclusive of disbursements. The costs are to be paid by Ms. Fitzgerald personally and not out of the Estate. Bryson, J.A. Beaton, J.A. Gogan, J.A.