Docket: CACV2360 Yeong Oh Appellant - v. -, 2013 SKCA 51
Opinion
THE COURT OF APPEAL FOR SASKATCHEWAN Citation: 2013 SKCA 51 Date: 2013-05-08 Between: Docket: CACV2360 Yeong Oh Appellant - and - Trevor Robinson Respondent Coram: Richards, Caldwell and Herauf JJ.A. Counsel: Yeong Oh on her own behalf Nolan J. Dooley for the respondent Appeal: From: 2011 SKQB 200 Heard: May 8, 2013 Disposition: Dismissed (orally) Written Reasons: May 8, 2013 By: The Honourable Mr. Justice Richards
In Concurrence: The Honourable Mr. Justice Caldwell The Honourable Mr. Justice Herauf Richards J.A. [ 1 ] Ms. Oh believes she should be the sole beneficiary of the estate of the late John Bellamy. However, on an application in the Court of Queen’s Bench to prove Mr. Bellamy’s will in solemn form, she was found to be entitled to nothing. See: Oh v. Robinson , 2011 SKQB 200 . Ms. Oh then appealed to this Court and advanced a number of arguments based on alleged perjury on the part of various witnesses and on the fairness of the trial. Her appeal was dismissed. See: 2012 SKCA 27 .
Her application for leave to appeal to the Supreme Court of Canada was also unsuccessful. See: [2012] S.C.C.A. No. 216 (QL). [ 2 ] Ms. Oh then brought an application in the Court of Queen’s Bench seeking to reopen or revisit the original Queen’s Bench decision on a variety of rather unfocused grounds which included, again, allegations of perjury. Her application was dismissed on the basis that, with one possible exception (a request to admit new evidence), all of her arguments had been addressed in the original trial and the appeal taken from it.
The Chambers judge refused to admit the “new” evidence because it had all been in Ms. Oh’s hands at the time of the original trial. [ 3 ] Ms. Oh appealed the Chambers judge’s decision to this Court. The arguments she advanced were effectively nothing more than an attempt to relitigate the original trial and the appeal from it. We saw no merit in her submissions. Ms. Oh must understand that the decisions of the courts in this matter are final. [ 4 ] We dismissed Ms. Oh’s appeal from the bench with an order of costs in the amount of $1,500 to be paid by Ms. Oh in favour of the Bellamy Estate.
Reasonable solicitor and client costs may be paid from the Estate in relation to the representation of Mr. Robinson, the executor of the Estate.
Loading document…