Klonarakis Estate, 2013 BCCA 481

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The appellant is the son and executor of his mother’s estate. Through probate proceedings, questions arose regarding his treatment of the estate and whether rent was owed by his sister to the estate. Following recommendations made by the registrar, these questions were considered by Affleck J. The appellant failed to appear and orders were made adopting the recommendations of the registrar and declaring that the respondent was not obliged to pay rent to the estate. The appellant sought reconsideration of that judgment; that application was heard and dismissed by Bruce J. This is the appeal from that order. The appellant argued the chambers judge erred in granting the respondent standing. Alternatively, he argued the chambers judge erred in finding that the appellant did not meet the requirements to reconsider the order, namely that he did not show a claim worthy of investigation. Appeal allowed in part. Leave is required to consider a new issue on appeal. Through lengthy litigation, the appellant never raised any issue with regards to the respondent’s standing and does so now for tactical reasons only. Leave to raise this issue is denied. The chambers judge was right to dismiss the application to set aside the judgment adopting the registrar’s recommendations as these had been drafted following the submissions from both parties and through the consideration of the evidence. However, with regards to the rent dispute, the chambers judge erred in dismissing the application to set aside the judgment. There remains a live issue regarding whether the respondent owes rent to the estate that has yet to be considered on its merits; the question of the rent dispute is remitted to be considered on a reference to a judge.