Schlesiger Estate v. Wright, Public Guardian and Trustee of British Columbia and Surrey (City)

Schlesiger Estate v. Wright, Public Guardian and Trustee of British Columbia and Surrey (City)

Claims against the Public Guardian and Trustee are dismissed because the issues raised were decided in the prior Estate Litigation and the present suit amounts to abuse of process; no fiduciary duty to the plaintiffs was established and PGT acted reasonably in conduct of sale. Claims against the City are not dismissed because the alleged municipal misconduct was not a material issue determined with finality in the prior proceedings and the pleadings disclose arguable causes of action requiring trial.

Citation
2015 BCSC 920
Parties
Plaintiff: Gerald Werner Schlesiger; Defendant: Krista Edith Wright (aka Krista Burnham; Krista Edith Schlesiger-Wright; Krista Schlesiger; Krista Wright); Defendant: Public Guardian and Trustee of British Columbia; Defendant: Corporation of the City of Surrey; Defendant: Clark Wilson LLP
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
2 June 2015
Procedural Posture
Civil (estate Litigation Derivative Torts/negligence/fiduciary Duty) / Summary Trial Application Under Rule 9 7 and Strike/dismissal Application Under Rule 9 5
Outcome
Action against Public Guardian and Trustee dismissed; application to dismiss action against City denied.
Legal Topics
Issue Estoppel, Abuse of Process, Fiduciary Duty, Duty of Care, Conduct of Sale, Court Approval of Sales, Summary Dismissal/striking Pleadings
Source Language
English
Civil Procedure Estate Law Trusts and Fiduciary Law Tort Law (negligence) Municipal Law Issue Estoppel Abuse of Process Fiduciary Duty +4 more

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Parties

Gerald Werner Schlesiger

Plaintiff

Krista Edith Wright (aka Krista Burnham; Krista Edith Schlesiger-Wright; Krista Schlesiger; Krista Wright)

Defendant

Public Guardian and Trustee of British Columbia

Defendant

Corporation of the City of Surrey

Defendant

Clark Wilson LLP

Defendant

Procedural Posture

Civil (estate Litigation Derivative Torts/negligence/fiduciary Duty) / Summary Trial Application Under Rule 9 7 and Strike/dismissal Application Under Rule 9 5

Legal Issues

  1. 1 Whether claims against the PGT are barred by issue estoppel/res judicata
  2. 2 Whether claims against the PGT are an abuse of process
  3. 3 Whether the PGT owed a fiduciary duty to the plaintiffs

Ratio Decidendi

Claims against the Public Guardian and Trustee are dismissed because the issues raised were decided in the prior Estate Litigation and the present suit amounts to abuse of process; no fiduciary duty to the plaintiffs was established and PGT acted reasonably in conduct of sale. Claims against the City are not dismissed because the alleged municipal misconduct was not a material issue determined with finality in the prior proceedings and the pleadings disclose arguable causes of action requiring trial.

Court Disposition

Action against Public Guardian and Trustee dismissed; application to dismiss action against City denied.

Orders

  • Dismissal of plaintiffs' action against the Public Guardian and Trustee of British Columbia granted (summary trial under Rule 9‑7).
  • Application to dismiss plaintiffs' action against the Corporation of the City of Surrey denied; pleadings not struck under Rule 9‑5.