Court of Queen’s Bench of Alberta Citation: Spivak Estate (Re), 2021 ABQB 197 Date: 20210315 Docket: ES14 05365 Registry: St. Paul Court File Number SES14 05365 Court Court of Queen’s Bench of Alberta (Surrogate Matter) Judicial Centre St.

Paul Estate Name Thomas Spivak Applicant and Personal Representative Geraldine Dick Respondents Braden Chase and Alberta (Minister of Justice) Beneficiaries (Residuary) Hale Canfield, Lorenda Canfield, Mildred Dick (deceased), William Spiwak (deceased) and Victor Spivak. _______________________________________________________ Memorandum of Decision of the Honourable Chief Justice M.T.

Moreau _______________________________________________________ [ 1 ] On March 10, 2021, Counsel for the Personal Representative of the Estate of Thomas Spivak by letter requested: 1. a Fiat to file an Application pursuant to Judicature Act , RSA 2000, c J-2 , ss 23-23.1 that Braden Chase, Hale Canfield, and Lorenda Canfield are subject to prospective litigation gatekeeping management, as well as other relief, so that the Application would be

heard during a hearing for advice and direction scheduled for March 17, 2021; and 2. that Justice Michalyshyn be appointed as the Case Management Justice for this matter, pursuant to a letter of Justice Michalyshyn dated February 11, 2021. [ 2 ] Counsel for the Personal Representative attached the late draft filings, and a Proposed Litigation Plan pursuant to NPP@2019-07. [ 3 ] After review of the correspondence and in light of the litigation record in this matter, I conclude that the following steps are appropriate: 1. the Fiat is granted to file the “Application for declaration of vexatious litigant / restraining order and dismissal of application”; 2.

Justice Michalyshyn is appointed as the Case Management Justice for this matter; and 3. the March 17, 2021 hearing is adjourned. [ 4 ] The Parties shall contact the judicial assistant for Justice Michalyshyn to identify their availability in the week of April 12- 16, 2021 to reschedule the March 17, 2021 hearing and then address case management issues including advice and direction and the prospective litigation gatekeeping issues. Dated at the Town of St. Paul, Alberta this 15 th day of March, 2021. M.T. Moreau C.J.C.Q.B.A. Appearances: Daniel J. Mol Kuzyk & Mol Law Office for the Estate of Thomas Spivak