CASE NO. VOL. NO. PAGE
LORAN DEMONE and - and - EDMUND R. SAUNDERS
MERILYN HENDRY
Applicants Appellant
C.A. No. 156820 Halifax ROSCOE, J.A.
(Orally)
[Cite as: Demone v. Saunders, 1999 NSCA 145]
APPLICATON HEARD: November 23, 1999
DECISION DELIVERED: November 23, 1999
WRITTEN RELEASE OF ORAL: November 24, 1999
SUBJECT: Civil Procedure Rule 62.18 - application to quash appeal Probate Act, R.S.N.S. (1989), c. 359, s. 31(2): removal of Executor
SUMMARY: An Executor of an estate was removed pursuant to s. 31(2) of the Probate Act after failing to file security as previously ordered. The executor appealed. The new Administrator of the Estate and a beneficiary applied pursuant to Civil Procedure Rule 62.18 to quash the notice of appeal on the basis that the appeal was frivolous and vexatious and that the appellant had not perfected the appeal.
ISSUES: Was the appeal absolutely unsustainable?
RESULT: Application to quash the appeal granted with solicitor/client costs. The appeal was absolutely unsustainable. The grounds of appeal were a substantial duplication of those considered in a previous appeal. (See: Crouse Estate v. Saunders [1999] N.S.J. No. 184; [1999] S.C.C.A. No. 317).
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT’S DECISION. QUOTES MUST BE FROM THE DECISION, NOT FROM THIS COVER SHEET. THE FULL COURT DECISION CONSISTS OF 4 PAGES. |