Geoffrey Stockley Applicant And: Gail Hopkins in Her Own Right, v. as Power of Attorney for, 2023 NLSC 39

court crest IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR GENERAL DIVISION Citation : Stockley v. Hopkins , 2023 NLSC 39 Date : March 15, 2023 Docket : 202101G5480 Between: Geoffrey Stockley Applicant And: Gail Hopkins in Her Own Right, and as Power of Attorney for GLADYS STOCKLEY Respondent Before: Justice Garrett A. Handrigan Place of Hearing: St. John’s, Newfoundland and Labrador Dates of Hearing: February 16, 2023 and March 7, 2023

Summary: Geoffrey Stockley issued an Originating Application asking for an Order that he receive $500,000.00 from Gail Hopkins, as Enduring Power of Attorney for Gladys Stockley, without having to sign a release and discharge for her as directed by a Consent Order requiring him to do so. The Court dismissed the Originating Application and ordered Geoffrey Stockley to pay solicitor-client costs to the Respondent, Gail Hopkins. It also directed Geoffrey Stockley to sign a release and discharge for W. Lloyd Andrews, Executor of the Last Will and Testament and Codicil of Gladys Stockley when he receives $500,000.00 from the Estate and to pay costs to the Estate for the

Interlocutory Application and the Originating Application on Column 3 of the Scale of Costs. Appearances: John A. Bruce Appearing on behalf of the Applicant Liam P. O’Brien and Sonya Vey Appearing on behalf of the Respondent Paul L. Coxworthy Appearing on behalf of the Executor of the Estate of Mabel Gladys Stockley Authorities Cited: CASES CONSIDERED: Stockley v. Hopkins , 2023 NLSC 13 STATUTES CONSIDERED: Trustee Act , R.S.N.L. 1990, c. T-10 RULES CONSIDERED: Rules of the Supreme Court, 1986 , S.N.L. 1986, c. 42, Sch.

D REASONS FOR JUDGMENT Handrigan, J. : INTRODUCTION [ 1 ] On October 13, 2021, Geoffrey Stockley filed an Originating Application in this Court, naming Gail Hopkins as Respondent, both in her own right and as Enduring Power of Attorney for Gladys Stockley. Mr.

Stockley asked for various forms of relief, including a declaration that he was entitled to “an unconditional gift from Gladys Stockley in the amount of five hundred thousand dollars” or alternatively for an “Order that Gail Hopkins in her capacity as Power of Attorney for Gladys Stockley forthwith effect payment of an unconditional gift from Gladys Stockley to Geoffrey Stockley in the amount of five hundred thousand dollars” (at paras. 1 & 2, page 5 of the Originating Application). [ 2 ] In the meantime, on December 13, 2022, W.

Lloyd Andrews filed an Interlocutory Application in the same cause asking for “leave to intervene in the… [Originating Application] pursuant to Rule 7.05 of the Rules of the Supreme Court,1986 , [ S.N.L.1986, c. 42, Sch. D ] and for the direction of this Honourable Court pursuant to

section 25 of the Trustee Act , R.S.N.L. 1990, c. T-10 ” (at para. 1 of the Interlocutory Application). [ 3 ] I filed my decision on Mr. Andrew’s Interlocutory Application on January 31, 2023, allowing him to intervene in the Originating Application: Stockley v. Hopkins , 2023 NLSC 13 . [ 4 ] I heard Geoffrey Stockley’s Originating Application over two days on February 16, 2023, and March 7, 2023, and reserved my decision until now. The Issues [ 5 ] Mr. Stockley’s Originating Application, with the intervention of Mr. Andrews, raises three issues: 1.

Should Gail Hopkins transfer to Geoffrey Stockley $500,000.00 without Geoffrey Stockley providing a release and acknowledgment of the payment for her? 2. Should I provide directions to W. Lloyd Andrews, as Executor of the Last Will and Testament of Gladys Stockley, under s. 25 of the

Trustee Act ? 3. Who, if anyone, is entitled to costs on the Originating Application and the Interlocutory Application? Analysis [ 6 ] I set out the background to the Originating Application fully in the judgment I filed for the Interlocutory Application on January 31, 2023 ( Stockley v. Hopkins ) and will not repeat it here.

It is enough to say now that there were formerly three actions before this Court: Court File No. 201901G4275, Court File No. 201901G7145 and Court File No. 202001GE19622, which involved various members of the Stockley family. [ 7 ] The three actions were consolidated and concluded by a settlement conference, which resulted in a Consent Order on June 4, 2021.

By the Consent Order, the parties to it agreed that “Gladys Stockley, by her Attorney Gail Hopkins, shall forthwith gift the lump sum amounts of $500,000 to each Gail Hopkins, Glenn Stockley, Gregory Stockley, and Geoffrey Stockley (the “Gift”) conditional upon the execution of a release attached hereto as

Schedule “C” by each Releasor”. [ 8 ] Ms. Hopkins transferred $500,000.00 to each of Glenn Stockley, Gregory Stockley and herself and each recipient duly executed and delivered to Ms. Hopkins the release that was required; including, I note, Ms. Hopkins signing a release to herself, for herself. However, Ms. Hopkins did not transfer $500,000.00 to Geoffrey Stockley because he refused to sign the release that was attached to the Consent Order and which the others have signed and delivered to Ms.

Hopkins. [ 9 ] Thus, Geoffrey Stockley issued this Originating Application asking for an Order directing Gail Hopkins to deliver the funds to him unconditionally; and, in particular, without requiring him to sign a release. Mr. Stockley offers little persuasion to justify his request.

This, from paragraph 14 of his Originating Application is as much as he bases it on: 14) Gail’s demand of insisting the gifts from Gladys [Stockley] to her [Gail’s] siblings be conditional upon a release being granted by them to Gail in her own right and as attorney for Gladys, amounts to an abuse of the powers granted to her under the E[nduring] [P]ower of A[ttorney]. Gladys does not receive any benefit from the releases demanded. Gail is the only person benefiting from the release.

Gladys and George [Stockley, husband of Gladys and father of Gail Hopkins and Geoffrey Stockley] to the personal knowledge of the Applicant [Geoffrey Stockley] have in the past, either together and individually, on numerous occasions made considerable monetary gifts to their children and had never made such gifts conditional in any manner. [ 10 ] I am not persuaded by Geoffrey Stockley’s submission. This is why: It was not Gail Hopkins who stated that Geoffrey Stockley would receive the “gift” of $500,000.00 from his mother only if he signed a release.

That condition came from the Consent Order dated June 4, 2021 that settled the three Originating Applications involving the Stockley siblings that were ongoing at the time. [ 11 ] Each of the Stockley siblings, and Geoffrey Stockley, in particular, was represented by counsel and each counsel signed the Consent Order on behalf of his client, endorsing the Order as here: “That [Stockley sibling] hereby consents to the herein Order both as to substance and content”.

Schedule “C” attached to the Order is the release that the parties to it agreed upon. This is all that Gail Hopkins requires from Geoffrey Stockley to receive the $500,000.00 payment that it covers and there is no valid reason why Geoffrey Stockley should not sign it. [ 12 ] There is, however, one additional requirement for Geoffrey Stockley to comply, which emerges from changed circumstances since the Consent Order: Gladys Stockley died July 1, 2022. At the time of her mother’s death, Gail Hopkins’ Enduring Power of Attorney for Gladys Stockley lapsed and is no longer effective.

However, Gladys Stockley left a Last Will and Testament and a Codicil to it in which she named W. Lloyd Andrews as her Executor. This Court granted Letters of Probate to Ms. Stockley’s Last Will and Testament and Codicil on October 11, 2022. Counsel for Mr. Andrews advises that Ms. Stockley did not provide for the $500,000.00 payment to Geoffrey Stockley in her Will or Codicil, but Mr. Andrews does, nonetheless, recognize it as a charge on her estate that he must pay. [ 13 ] Mr. Andrews will pay the charge from Ms.

Stockley’s estate, but he also looks for a release, similar to that the Stockley siblings agreed to sign for Gail Hopkins. That is a reasonable request and I grant it. For greater certainty, I have drafted the “Release and Discharge”, that Geoffrey Stockley will sign: RELEASE AND DISCHARGE The undersigned Geoffrey Stockley hereby acknowledges to have received from W.

Lloyd Andrews , as Executor of the Last Will and Testament of GLADYS STOCKLEY , the sum of Five Hundred Thousand Dollars ($500,000.00) in full and final settlement of all claims of any kind or nature whatsoever, which he may have or allege to have against the Estate of Gladys Stockley related to proceedings in the Supreme Court of Newfoundland and Labrador, General Division, being 2019 01G 7145, Glenn Stockley’s November 12, 2019 Originating Application, AND in consideration thereof Geoffrey Stockley does hereby grant full and final discharge to W.

Lloyd Andrews , as Executor of the Last Will and Testament of Gladys Stockley and in his own right in relation to the Application; AND FURTHER this present transaction, settlement and compromise shall not constitute an admission in any way on behalf of the parties in whose favor this release is given. IN WITNESS WHEREOF Geoffrey Stockley has hereunto his hand and seal subscribed and set this day of , 2023. SIGNED, SEALED AND DELIVERED by the said, Geoffrey Stockley,

in the presence of: Costs [ 14 ] I see no reason to depart from the usual practice that costs follow the cause. Thus, I order Geoffrey Stockley to pay the Respondent’s costs, but on a solicitor-client basis. I depart from the usual rule that costs are taxed on Column 3 of the Scale of Costs because Geoffrey Stockley’s Originating Application is without merit and is frivolous and vexatious of Gail Hopkins. Geoffrey Stockley will also pay costs to the Estate of Gladys Stockley both here and on the Interlocutory Application but to be taxed for the Estate on Column 3 of the Scale of Costs.

Summary and Disposition [ 15 ] Geoffrey Stockley issued an Originating Application asking for an Order that he receive $500,000.00 from Gail Hopkins, as Enduring Power of Attorney for Gladys Stockley, without having to sign a release and discharge for her as directed by a Consent Order requiring him to do so. [ 16 ] The Court dismissed the Originating Application and ordered Geoffrey Stockley to pay solicitor-client costs to the Respondent, Gail Hopkins. It also directed Geoffrey Stockley to sign a release and discharge for W.

Lloyd Andrews, Executor of the Last Will and Testament and Codicil of Gladys Stockley when he receives $500,000.00 from the Estate and to pay costs to the Estate for the Interlocutory Application and the Originating Application on Column 3 of the Scale of Costs. Order [ 17 ] In the result, I order: 1. The Originating Application is dismissed. 2. Geoffrey Stockley sign a release and discharge for Gail Hopkins, as Enduring Power of Attorney of Gladys Stockley and in her own right before he receives payment of $500,000.00 from Gladys Stockley’s Estate. 3. Geoffrey Stockley sign a release and discharge for W.

Lloyd Andrews, as Executor of the Last Will and Testament of Gladys Stockley and in his own right before he receives payment of $500,000.00 from Gladys Stockley’s Estate. 4. Geoffrey Stockley pay to Gail Hopkins costs of the Originating Application to be taxed on a solicitor-client basis. 5. Geoffrey Stockley pay to W. Lloyd Andrews, as Executor of the Last Will and Testament of Gladys Stockley costs of the Interlocutory Application and the Originating Application to be taxed on Column 3 of the Scale of Costs. _____________________________ Garrett A. Handrigan Justice