Zinsser-Krys v Krys, 2019 ABQB 953

Court of Queen’s Bench of Alberta Citation: Zinsser-Krys v Krys, 2019 ABQB 953 Date: 20191213 Docket: 1703 06350, 1703 15973, 1703 17981, 1703 18111, DA03 18158 Registry: Edmonton Between: 1703 06350 Harry Zinsser-Krys, Martyn Krys, Susan Abbott & Joe Krys Plaintiffs - and - William Krys, April Krys & Sarah Earline Krys Defendants And Between: 1703 15973 Harry Zinsser-Krys Plaintiff - and - Earline Krys & April Krys Defendants

And Between: 1703 17981 April Krys & Earldine Krys Plaintiffs - and - Harry Zinsser-Krys Defendant And Between: 1703 18111 Joseph Nils Krys Plaintiff - and - Sarah Earline Krys & April Krys Defendants And Between: Court File Number DA03 18158

Court Court of Queen’s Bench of Alberta (Dependant Adult Matter) Judicial Centre Edmonton Estate Name Sarah Earldine Krys Applicant Susan Abbott _______________________________________________________ Endorsement as to Costs of the Honourable Madam Justice M.E. Burns _______________________________________________________ [ 1 ] I assumed case management of these files in February 2019. [ 2 ] On May 31, 2019 the parties appeared before me with respect to the findings of Dr. Riediger as to the competency of Sarah Earldine Krys (Ms. Krys). The findings of Dr.

Riediger were clearly opposite the position taken by Harry, Martyn, Susan and Joe Krys. They quite properly chose to step back from the actions that were being taken and concede that their mom had capacity. [ 3 ] Essentially two issues remained outstanding. One related to an accounting for expenses incurred and in particular payments made from Ms. Krys’ accounts and a determination of costs in the actions. I directed Bill and April to provide the proof of payment of amounts paid out of Ms. Krys’ accounts and I directed both sides to provide me a one-page

summary on their submissions as to costs. [ 4 ] With respect to the accounting and receipts by April and Bill, their siblings have decided it is not worthwhile to spend any more time or money on the issue. Another wise course of action. [ 5 ] I am advised that Ms. De Villars’ account for a failed mediation has not been fully paid. It appears that all of the siblings paid their shares except for April (and possibly a share by Ms. Krys). There is an outstanding amount owed to Ms. De Villars of $4,802.92. In addition, there is outstanding to Dr.

Riediger the sum of $16,465 which represents the entirety of his account. [ 6 ] With respect to costs this has been a convoluted and complicated process. At the end of the day it can be said that all of Ms. Krys’ children were concerned with respect to her and it is impossible to find any sort of malice on the part of any parties. There is no doubt it has been an expensive process. There is also no doubt that had Bill and April continued to have counsel the process may have been smoother. It may have also been shortened had Bill and April executed a mediated settlement proposed by Ms. De Villars. [ 7 ] Ms.

Krys’ actions took most of her children by surprise - her actions were perceived as out of character. This is what started the parties down this path. The inability of any of her children to discuss this amongst themselves made a difficult situation much worse. [ 8 ] It may be said that April and Bill “won” the actions. In reality, no one did. I am ordering that all parties bear their own costs except for the disbursements that remain outstanding to Ms. De Villars and Dr. Ritter.

I direct that those disbursements will be paid forthwith by Harry, Martin, Susan and Joe equally. [ 9 ] Once this order has been filed, case management of these files will be concluded. I invoke rule 9.4 (2)(

c) and asked that Ms. Swartzenberger send the order to me for my signature. Heard by way of written submissions. Dated at the City of Edmonton, Alberta this 13 th day of December, 2019.

M.E. Burns J.C.Q.B.A. Appearances: Karen Swartzenberger McCuaig Desrochers LLP for the Joseph Krys and Susan Abbott Sarah Earldine Krys and April Krys Self-Represented Martyn Krys Self-Represented William Krys Self-Represented Harry Zinsser-Krys Self-Represented