Pulley Estate v. Pulley Estate
The order of the trial judge was set aside because procedural irregularities—specifically the improper joinder of parties and the failure to give notice to an interested party—rendered the order invalid; given the unique circumstances, no costs were awarded.
Source-derived case information.
- Citation
- 1997 NSCA 36
- Parties
- Appellant: Estate of Orrin Pulley; Respondent: Estate of Eva Pulley
- Court
- Nova Scotia Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 6 February 1997
- Procedural Posture
- Appeal / Decision on Appeal by Nova Scotia Court of Appeal
- Outcome
- Order of the trial judge set aside; no costs to any party.
- Legal Topics
- Joinder of Parties, Notice of Hearing, Procedural Irregularity, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Estate of Orrin Pulley
Appellant
Estate of Eva Pulley
Respondent
Procedural Posture
Appeal / Decision on Appeal by Nova Scotia Court of Appeal
Legal Issues
- 1 Whether the trial judge's order should be set aside for procedural irregularities
- 2 Whether appropriate parties were properly joined
- 3 Whether an interested party received notice of the hearing
Ratio Decidendi
The order of the trial judge was set aside because procedural irregularities—specifically the improper joinder of parties and the failure to give notice to an interested party—rendered the order invalid; given the unique circumstances, no costs were awarded.
Court Disposition
Order of the trial judge set aside; no costs to any party.
Orders
- Order of the trial judge set aside.
- No costs to any party.
Full Case Text
Judgment text and source record
1 paragraphs
Pulley Estate v. Pulley Estate Court Court of Appeal Date 1997-02-06 Citation 1997 NSCA 36 Docket CA 131787 Judge/Registrar/Adjudicator Pugsley, Ronald N. (Honourable Justice); Flinn, Edward J. (Honourable Justice); Matthews, Kenneth M., (Honourable Justice) Document Type Decision Decision Content C.A. No. 131787 NOVA SCOTIA COURT OF APPEAL Cite as: Pulley Estate v. Pulley Estate, 1997 NSCA 36 Pugsley, Matthews and Flinn, JJ.A. BETWEEN: ESTATE OF ORRIN PULLEY ) Michele J. Cleary ) for the Appellant Appellant ) ) ) - and - ) ) ) John H. Armstrong ESTATE OF EVA PULLEY ) for the Respondent ) ) ) Respondent ) ) ) Appeal Heard: ) February 3, 1997 ) ) Judgment Delivered: ) February 6, 1997 ) ) ) THE COURT: The order of the trial judge is set aside, without costs to any party, per reasons of Pugsley, J.A.; Matthews and Flinn, JJ.A. concurring. Pugsley, J.A.: I am of the opinion the order of the trial judge must be set aside. Procedural irregularities respecting the joinder of appropriate parties, as well as the failure to give notice of hearing to one of the interested parties, dictate this disposition. In the unique circumstances of this case, there should be no costs. Pugsley, J.A. Concurred in: Matthews, J.A. Flinn, J.A. C.A. No. 131787 NOVA SCOTIA COURT OF APPEAL BETWEEN: ESTATE OF ORRIN PULLEY ) ) Appellant ) ) ) - and - ) REASONS FOR ) JUDGMENT BY: ) ) Pugsley, J.A. ESTATE OF EVA PULLEY ) Respondent ) ) ) ) ) Respondent ) ) ) )