Miller Estate v. Canada (Attorney General)
The District Court order of November 7, 1989 did not restrict the executors' power to elect the boards of directors of the companies; therefore the executors' elections were valid and the appeal is dismissed.
Source-derived case information.
- Citation
- 2002 FCA 445
- Parties
- Appellant: The Estate of Carl Edward Miller; Respondent: The Attorney General of Canada
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 13 November 2002
- Procedural Posture
- Appeal / Decision on Appeal (judgment Delivered From the Bench)
- Outcome
- Appeal dismissed; no costs awarded.
- Legal Topics
- Executor Powers, Election of Board of Directors, Interpretation of Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
The Estate of Carl Edward Miller
Appellant
The Attorney General of Canada
Respondent
Procedural Posture
Appeal / Decision on Appeal (judgment Delivered From the Bench)
Legal Issues
- 1 Whether the Ontario District Court order dated November 7, 1989 restricted the executors' power to elect the boards of directors of the companies
- 2 Whether the executors retained authority to elect directors of companies held by the estate
Ratio Decidendi
The District Court order of November 7, 1989 did not restrict the executors' power to elect the boards of directors of the companies; therefore the executors' elections were valid and the appeal is dismissed.
Court Disposition
Appeal dismissed; no costs awarded.
Orders
- Appeal dismissed.
- No costs awarded (Crown waived claim to costs).
Full Case Text
Judgment text and source record
1 paragraphs
Miller Estate v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2002-11-13 Neutral citation 2002 FCA 445 File numbers A-738-01 Decision Content Date: 20021113 Docket: A-738-01 Neutral citation: 2002 FCA 445 CORAM: STONE J.A. SHARLOW J.A. PELLETIER J.A. BETWEEN: THE ESTATE OF CARL EDWARD MILLER Appellant and THE ATTORNEY GENERAL OF CANADA Respondent Heard at Ottawa, Ontario, November 13, 2002 Judgment delivered from the Bench at Ottawa, Ontario, November 13, 2002. REASONS FOR JUDGMENT OF THE COURT BY: SHARLOW J.A. Date: 20021113 Docket: A-738-01 Neutral citation: 2002 FCA 445 CORAM: STONE J.A. SHARLOW J.A. PELLETIER J.A. BETWEEN: THE ESTATE OF CARL EDWARD MILLER Appellant and THE ATTORNEY GENERAL OF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Ottawa, Ontario on November 13, 2002) SHARLOW J.A. [1] Having carefully considered the able submission of counsel for the appellant, we agree with the conclusion of Associate Chief Judge Bowman that the order of the Ontario District Court dated November 7, 1989 did not restrict the power of the executors of the estate of Mr. Miller to elect the boards of directors of the companies. For that reason, this appeal will be dismissed. As the Crown has waived its claim to costs, no costs will be awarded. "K. Sharlow" J.A. FEDERAL COURT OF CANADA Names of Counsel and Solicitors of Record DOCKET: A-738-01 STYLE OF CAUSE: The Estate of Carl Edward Miller and the Attorney General of Canada PLACE OF HEARING: DATE OF HEARING: November 13, 2002 REASONS FOR JUDGMENT OF THE COURT: (Stone, Sharlow, Pelletier J.J.A.) RENDERED FROM THE BENCH BY: The Honourable Justice Sharlow APPEARANCES BY: Mr. Keith Trussler For the Appellant Mr. Ernest Wheeler For the Respondent Ms. Gabrielle St-Hilaire SOLICITORS OF RECORD Giffen & Partners Barristers, Solicitors and Notaries Public For the Appellant London, Ontario Morris Rosenberg For the Respondent Deputy Attorney General of Canada Ottawa, Ontario