NOVA SCOTIA COURT OF APPEAL Citation: Redden v. Redden , 2003 NSCA 38 Date: 20030401 Docket: CA 183051 Registry: Halifax Between: Martin Redden, beneficiary of the Estate of Margaret Pansy Redden Appellant - and - Carroll Norman Redden, in his capacity as Executor of the Estate of Margaret Pansy Redden Respondent Judges: Glube, C.J.N.S.; Bateman & Hamilton, JJ.A. Appeal Heard: April 1, 2003 Held: Appeal dismissed with costs, per oral reasons for judgment of Hamilton, J.A.; Glube, C.J.N.S. and Bateman, J.A. concurring. Counsel: Mr. James J. White, for the Appellant Mr.

Chris Parker, for the Respondent Reasons for judgment : [ 1 ] This is an appeal from the July 8, 2002 order of Justice Donald M. Hall of the Supreme Court. The trial judge ordered that the estate of Margaret Pansy Redden be released and discharged from a bond given pursuant to a 1969 order of that court.

He also ordered that the disputed property in Kingston, Nova Scotia, was owned by the estate of Margaret Pansy Redden and that the executor of the estate was under no obligation to convey that land to the appellant. [ 2 ] Having reviewed Justice Hall’s decision, we are satisfied he made no error of fact or law in reaching his decision. The appellant’s arguments on fiduciary duty and the fact that he did not have independent legal advice at the time of the 1969 order are not

relevant to this appeal. [ 3 ] Accordingly, the appeal is dismissed. [ 4 ] It is our view that this appeal is completely lacking in merit. Accordingly, the estate should not be burdened with the full costs of responding to this appeal. We would therefore order that the appellant, Martin Redden, pay to the respondent costs in the amount of $1,500, inclusive of disbursements. The executor shall be entitled to the balance of his solicitor-client costs payable from the estate. Hamilton, J.A. Concurred in: Glube, C.J.N.S. Bateman, J.A.