Case information
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31492
Jerry Ellis, Substituted Administrator of the Estate of Nick Bolianatz v. Irving Simon
(Saskatchewan) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2006-10-17 | Close file on Leave | |
| 2006-10-13 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2006-10-13 | Judgment on leave sent to the parties | |
| 2006-10-12 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Saskatchewan, Number CA1097, 2006 SKCA 16, dated February 8, 2006, is dismissed without costs. Dismissed, without costs |
|
| 2006-08-28 | All materials on application for leave submitted to the Judges, Bi De Abe | |
| 2006-06-29 | Correspondence received from, W. T. Stodalka re: enclosing Form 25 B (by fax - original rec'd July 4/06) | Jerry Ellis, Substituted Administrator of the Estate of Nick Bolianatz |
| 2006-06-27 | Respondent's response on the application for leave to appeal, letter by fax, do not intend to file a response, Completed on: 2006-06-27 | Irving Simon |
| 2006-06-19 |
Decision on motion to add or substitute parties, substituting Jerry Ellis, as the Executor of the Estate of Paul Bolen, for Paul Bolen, Administrator of the Estate of Nick Bolianatz, Reg Granted, without costs |
|
| 2006-06-19 | Submission of motion to add or substitute parties, Reg | |
| 2006-06-15 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2006-06-15 | Motion to add or substitute parties, (substitute Paul Bolen to Jerry Ellis), Incomplete | Jerry Ellis, Substituted Administrator of the Estate of Nick Bolianatz |
| 2006-05-23 | Correspondence received from, (by fax) Mr. Stodalka, dated May 23/06 | Jerry Ellis, Substituted Administrator of the Estate of Nick Bolianatz |
| 2006-04-07 | Application for leave to appeal, (requested Form 25B / rec'd by fax June 29/06 - original rec'd July 4/06), Completed on: 2006-06-29 | Jerry Ellis, Substituted Administrator of the Estate of Nick Bolianatz |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Jerry Ellis, Substituted Administrator of the Estate of Nick Bolianatz | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Simon, Irving | Respondent | Active |
Counsel
Party: Jerry Ellis, Substituted Administrator of the Estate of Nick Bolianatz
Counsel
2398 Scarth St.
Regina, Saskatchewan
S4P 2J7
Telephone: (306) 757-1611
FAX: (306) 757-0712
Email: wts@macleankeith.com
Party: Simon, Irving
Counsel
2042 Cornwall St.
Regina, Saskatchewan
S4P 2K5
Email: sterlingmclean@mackaymclean.com
Summary
Keywords
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Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Property law — Wills — Estates — Administrator of Testator’s Estate applied for an order disentitling Respondent from receiving any legacy from the estate, or in the alternative an order the legacy ought to be offset by any balance owing under the restitution order, ordered when Respondent was charged with fraud for stealing money from Testator, while he was still alive — Lower courts dismissed appeal upholding Respondent’s right to legacy under Will — Whether the lower court erred in its decision and the dissenting judgment of Cameron J.A. should be determined by this Court to be correct — Whether common law equitable principles, such as the maxim of “clean hands” should be an available remedy for the Applicant and extended to fit the facts of this case — Whether the issue of Power of Attorneys that survive incapacity, resulting in incompetent persons being unable to change their Wills to remove a legacy given to an Attorney who has abused his power, is an issue of national importance that should be considered by this Court?
This appeal arises from the dismissal, by a Queen’s Bench judge in Chambers, of the Application by way of originating notice to have the Respondent, Irving Simon disentitled from receiving a legacy from the estate of Nick Bolianatz. The majority of the Court of Appeal for Saskatchewan dismissed the appeal. The dissenting decision of the Court of Appeal would have allowed the appeal, set aside the order dismissing the Application and declared that Simon was not entitled to the legacy.
Lower court rulings
Court of Queen’s Bench of Saskatchewan
SUR 314; 2005 SKQB 40
Application to have the Respondent prohibited from receiving his share of the Estate of Nick Bolianatz, dismissed
Court of Appeal for Saskatchewan
CA1097, 2006 SKCA 16
Appeal dismissed
Memorandums of argument on application for leave to appeal
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Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
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