Robinson Estate v Wolsey
The Estate of James Douglas Robinson represented by Yvonne Marian Robinson as Executrix
Law Firm / Organization
Not Specified
Lawyer(s)

W.R. Neufeld

Yvonne Marian Robinson
Law Firm / Organization
Not Specified
Lawyer(s)

W.R. Neufeld

Viola Helen Wolsey
Law Firm / Organization
Macdonald Law Group
Lawyer(s)

Allan A. Macdonald

George Thomas Wolsey
Law Firm / Organization
Macdonald Law Group
Lawyer(s)

Allan A. Macdonald

Ian Colin Sands
Law Firm / Organization
Kowarsky Ritson LLP
Lawyer(s)

Ori J. Kowarsky

Background:
The dispute arose after Yvonne paid a Crown judgment of $107,582.00 from her personal funds, following incorrect legal advice from Gerhard Pyper, who was unauthorized to practice law. The judgment had been obtained by the British Columbia government in 2011 against a company and several individuals, including James Douglas Robinson, due to alleged PharmaCare overpayments.

Legal Issues:
The primary legal issues were:

  1. Whether Yvonne Robinson was legally obligated to pay the Crown judgment.

  2. Whether Yvonne could seek contribution from the other judgment debtors.

  3. Whether the registration of the judgment affected Yvonne’s joint tenancy rights.
    The court considered provisions from the Court Order Enforcement Act and the Law and Equity Act and found that the registration had expired, and Yvonne, as the surviving joint tenant, acquired the property free from the judgment.

Decision
The court ruled that Yvonne was not legally required to pay the judgment, making her payment gratuitous or “officious.” Consequently, she had no legal basis to seek contribution from the defendants. The application and claim for contribution were dismissed.

Costs
The court ordered that each party bear their own costs, awarding no costs to the successful parties.

Supreme Court of British Columbia
S171808
Civil litigation
Defendant