The court also criticized a lawyer for inconsistent filings and failing to clarify minors' interests
The King’s Bench for Saskatchewan dismissed an estate application due to procedural confusion and jurisdictional overlap with Indigenous Services Canada (ISC), highlighting discrepancies in documentation and concerns over protecting minors' interests.
The dispute arose when an estate application was filed for letters of administration for Stevie Moosomin’s estate. Kiley McDonald, originally listed as the applicant but not initially named a beneficiary, filed the application. Confusion soon followed over whether minor beneficiaries were properly identified and if ISC’s jurisdiction had been fully considered. ISC later appointed Claudette Ironchild, the mother of some of the children, as the estate’s administrator while the court proceedings remained active.
The applicants’ counsel, Kellie Wuttunee initially filed documents in the court, then filed a discontinuance of the claim following ISC’s appointment, stating that the matter was “resolved.” The court, however, sought clarification, expressing concern about the lack of information provided regarding minor beneficiaries and their protection. Further filings led to inconsistent positions from counsel Wuttunee, as the applicant, McDonald, later reasserted her desire to pursue the court application.
The court highlighted the unresolved state of the estate applications, noting inaccuracies in documents and the failure to address the court’s inquiries. The Public Guardian and Trustee (PGT) expressed concern that without a bond, the interests of the minors were at risk. Wuttunee’s repeated reversals and conflicting submissions left the court questioning the competence and direction of the applications.
In the related Wuttunee Estate case, the application also faced inconsistencies, with renunciation documents mistakenly indicating children as deceased. Although ISC appointed an administrator, Wuttunee continued to pursue the court application without providing clear justifications, complicating the procedural situation further.
The Court of King’s Bench concluded that ISC held jurisdiction over both matters under the Indian Act, making the court’s involvement inappropriate. The court dismissed the Moosomin Estate application and permitted the withdrawal of the Wuttunee Estate application while retaining all documents on record. The court also raised concerns about Wuttunee’s professional conduct, urging her to seek guidance to improve her practice and judgment in dealing with clients and legal proceedings.
