Supreme Court

Decision Information

Stewart Estate v Stewart Estate

Court Supreme Court
Date 1994-05-25
Other citations [1994] 8 W.W.R. 196 – [1994] N.W.T.R. 276 (S.C.)
File numbers CV 04743
Judge(s) Richard
Location Yellowknife
Cases and statutes considered Cases considered:
Alberta (Public Trustee) v. Larsen (1964), 49 W.W.R. 416 (Alta. S.C.)
Manitoba Public Insurance Corporation v. Loney (1986), 41 Man. R. (2d) 280 (Man. Q.B.)
Baer v. Hofer (1991), 73 Man. R. (2d) 145 (Man. C.A.)
K.F.L. Holdings v. William Stewart Properties (1982) 23 Alta. L.R. (2d) 248 (Alta. Q.B.)
United Oilseed Products Ltd. v. Royal Bank of Canada, [1988] 5 W.R. 181 (Alta. C.A.)
Frymer v. Brettschneider and Shechtman (1992), 10 O.R. (3d) 157 (Gen. Div.)
Amarualik v. Barker, [1992] N.W.T.R. 186 (S.C.)
McElheran v. Great Northwest Insulation, [1989] N.W.T.R. 160 (S.C.)
Grimes v. Cloutier (1989), 69 O.R. (2d) 641 (C.A.)
Prefontaine Estate v. Frizzle (1990), 65 D.L.R. (4th) 275 (Ont. C.A.)
Williams v. Osei-Twum (1992), 11 O.R. (3d) 737 (C.A.)
Gagnon v. Gagnon and Lavoie (1992) 15 C.C.L.T. (2d) 41 (Ont. C.A.)
Tolofson v. Tolofson & Jensen (1992), 9 C.C.L.T. (2d) 289 (B.C.C.A.)
MacLean v. Pettigrew, [1945] 2 D.L.R. 65 (S.C.C.)
Moran v. Pyle, [1974] 2 W.W.R. 586 (S.C.C.)
Selan v. Neumeyer (1959), 29 W.W.R. 542 (Man. Q.B.)
Craggier v. Raccah (1981), 128 D.L.R. (3d) 177 (Sask. Q.B.)
Kangles v. Canadian Pacific Hotels Ltd., [1976] 6 W.W.R 94 (Sask. Q.B.)

Statutes considered:
Fatal Accidents Act, R.S.N.W.T. 1988, c. F-3, s. 1
Fatal Accidents Act, R.S.N.W.T. 1988, c. F-3, s. 2
Fatal Accidents Act, R.S.N.W.T. 1988, c. F-3, s. 3(1)
Fatal Accidents Act, R.S.N.W.T. 1988, c. F-3, s. 4(1)
Fatal Accidents Act, R.S.N.W.T. 1988, c. F-3, s. 6
Fatal Accidents Act, R.S.N.W.T. 1988, c. F-3, s. 7
Fatal Accidents Act, R.S.N.W.T. 1988, c. F-3, s. 8
Judicature Act, R.S.N.W.T. 1988, c. J-1, s. 32
Survival of Actions Act, R.S.Y. 1986, c. 166, s. 5
Trustee Act, R.S.N.W.T. 1988, c. T-8, s. 31
Trustee Act, R.S.N.W.T. 1988, c. T-8, s. 32
Trustee Act, R.S.N.W.T. 1988, c. T-8, s. 33
Fatal Accidents Act, R.S.Y. 1986, c. 64
Northwest Territories, Supreme Court Rules, R. 35
Northwest Territories, Supreme Court Rules, R. 38
Northwest Territories, Supreme Court Rules, R. 41
Northwest Territories, Supreme Court Rules, R. 124B
Northwest Territories, Supreme Court Rules, R. 125
Northwest Territories, Supreme Court Rules, R. 515
Decision information:

Abstract: An application for a declaration that the Northwest Territories is a forum non conveniens. Application for a declaration re: choice of law. Application to strike the Statement of Claim filed pursuant to the Fatal Accidents Act as not disclosing a cause of action. Application to strike an estate action pursuant to s. 31 of the Trustee Act. Application to set aside service ex juris.
Decision: The Defendants' application to declare that the Northwest Territories is a forum non conveniens is denied. It was determined that the Northwest Territories was the more suitable forum. It is the natural forum for the plaintiff. The application regarding the appropriate choice of law was denied as it was premature to raise the issue before the Chambers judge and it should properly be determined upon the hearing of the evidence by the trial judge. Although the Statement of Claim was found to be poorly drafted, a cause of action pursuant to the Fatal Accidents Act is disclosed and therefore the application to strike the statement of claim is denied. The application to strike the estate action is granted as the plaintiff, Frank Stewart, did not have the capacity to sue as the Administrator of the Estate. He was not granted letters of administration until after the limitation period for filing an action had expired. The application to set aside service ex juris was denied, as the amended statement of claim addressed the omission in the original pleading.
Subjects: Conflict of laws - Jurisdiction of domestic courts - Stay of proceedings - Forum convenies
Conflict of laws - Jurisdiction of domestic courts - Stay of proceedings - Choice of law
Civil procedure - Service - Service ex juris - Setting aside
Damages - Fatal injuries - Survival of actions
Damages - Fatal injuries - Family and dependants' compensation - Nature of claim
Wills and estates - Executors and administrators - Rights and powers

Decision Content

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