Yurkiw Estate, 2011 ABQB 289

Court of Queen ’ s Bench of Alberta Citation: Yurkiw Estate, 2011 ABQB 289 Date: 20110428 Docket: ES03 129680 Registry: Edmonton Court File Number ES03 129680 Court Court of Queen’s Bench of Alberta (Surrogate Matter) Judicial District Edmonton Estate Name Steve Yurkiw also known as Stefan Yurkiw, Steve F.

Yurkiw Applicant Rose Yurkiw Respondents Gerald Yurkiw, Andrew Yurkiw, Kenny Yurkiw, Morris Yurkiw, Lorne Yurkiw, Marvin Yurkiw, Michael Yurkiw, Linda Dombowski, Carol Kee, Larry Yurkiw, Connie Bencharsky, Karan Prockiw, described in the will as Karen Prockiw, Olga Kapach, Audrey Kapach, Sylvia Dmytruk, Eugene Kiriak, Lawrence Kiriak, Rose Marie Homik, Russel Czaban, Iris Plamondon, Gladys Wachowich, Fedyna Water Hauling Ltd. _______________________________________________________ Endorsement of the Honourable Madam Justice J.B.

Veit _______________________________________________________ [ 1 ] In my February 18, 2011 decision in this matter, I concluded that Steve Yurkiw intended to give to Gerald Yurkiw the right to buy Steve Yurkiw's farm at appraised market value.

Based on the evidence at the hearing, which included evidence from a certified appraiser retained by Gerald Yurkiw about the market value of the farm as of February 2011, and evidence from the executrix about the appraised market value of the farm in 2008 in connection with the probate, together with an opinion provided to the executrix by the latter appraiser that the market value of the farm as found in 2008 would not have increased and may have decreased as of 2011, I concluded that the executrix of Steve Yurkiw's will should sell Steve Yurkiw's farm to Gerald Yurkiw at the market value shown on the

2011 appraisal obtained by Gerald Yurkiw. [ 2 ] Unfortunately, in coming to that conclusion, I did not take into account that the Kiriak beneficiaries under Steve Yurkiw's will should have a reasonable opportunity of providing evidence of appraised market value in early 2011: those beneficiaries had only received Gerald Yurkiw's appraisal shortly before the February 8 hearing. [ 3 ] Therefore, while the essence of the February 18, 2011 decision remains the same, I hereby strike out paragraph 29 of the reasons of February 18, 2011 with a view to giving the Kiriak beneficiaries an opportunity to provide the court with evidence of the current appraised market value of the farm.

Given the length of time which has elapsed between the 2008 appraisal of the farm and this application, and the focus in Steve Yurkiw's will on appraised market value, the Kiriak beneficiaries should have only a relatively short period within which to provide evidence of the current appraised market value of the farm. Therefore, the Kiriak beneficiaries will have 45 days from the date of release of this decision to file and serve on all parties represented at the February 8, 2011 hearing, evidence of the current appraised market value of Steve Yurkiw's farm.

The executrix should then bring the relatively narrow issue of the current appraised market value of Steve Yurkiw's farm back before the court, together with any related issue of costs, on notice to all interested parties. Heard on the 27 th day of April, 2011. Dated at the City of Edmonton, Alberta this 28 th day of April, 2011. “J.B. Veit” J.B. Veit J.C.Q.B.A. Appearances: Douglas G. Gorman, The Estate House by Gorman & Koski LLP for the Executor Ms. Helen R. Ward, Duncan & Craig LLP for Rose Yurkiw a.k.a. Penny Yurkiw Jerry D.

Kiriak, Kiriak Law Office for Larry Yurkiw, Connie Bencharsky, Carol Kee, Russel Czaban, Karan Prockiw, Kenny Yurkiw, Linda Dombowski, Lorne Yurkiw, Lawrence Kiriak, Nestor Makuch, Wheatley Sadownik

Gerald Yurkiw Gladys Wachowich on her own behalf, and as representative of Andrew Yurkiw, Michael Yurkiw, Iris Plamondon, Eugene Kiriak, Olga Kapach, Marvin Yurkiw, Sylvia Dmytruk, Morris Yurkiw, Audrey Kapach