West v West Estate, 2016 ABQB 560
Opinion
Court of Queen ’ s Bench of Alberta Citation: West v West Estate, 2016 ABQB 560 Date: 20161005 Docket: 1401 12101 Registry: Calgary Between: Brian West Applicant - and - The Estate of Donald Thompson West by its Executors Laura West, Craig West and Brian West, and Craig West and Laura West in Their Individual Capacities Respondents _______________________________________________________ Memorandum of Decision of the Honourable Mr. Justice B.A.
Millar _______________________________________________________ [ 1 ] The issues are: who is entitled to costs, the quantum and payable by which party. [ 2 ] Brian West was the successful party on both issues before the Court. [ 3 ] On the issue concerning the entitlement to the ownership of the 25 th street property, the Estate had an interest in challenging Brian’s application. [ 4 ] On the issue of Brian’s indebtedness to the Estate, this was a claim driven by Laura and her husband.
Laura did not produce any loan documentation or written agreements that would support her claim that Donald advanced money to Brian with the expectation it would be repaid, and was opposed by the other Executor, Craig. This was a meritless claim. [ 5 ] Brian is entitled to costs as a self-represented litigant. It is difficult to determine which column of
Schedule C, Division II, should be applied because Brian received judgment for the transfer of the 25 th street property. However, had Laura been successful then her claim would have been quantified in excess of $500,000, putting her claim in Column 4.
[ 6 ] Brian will be entitled to costs based on
Schedule C, Division 2, and Column 4: to be taxed. The legal opinion of JSS Barristers is not a taxable disbursement. [ 7 ] The taxed costs will be payable equally by the Estate and Laura. Dated at the City of Calgary, Alberta this 5 th day of October, 2016. B.A. Millar J.C.Q.B.A. Appearances: Brian West in his individual capacity for the Applicant Craig West in his individual capacity for the Respondent Tiro Clarke Counsel for the Respondent Laura West
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