The applicants, succeeding estate trustees of the Estate of Cyril Hirsh Rosenthal, brought a motion seeking a declaration of contempt against the former estate trustee, Syed Pervez, for alleged non-compliance with a consent document production order.
The dispute primarily concerned documents in Pervez's possession in his capacity as an external accountant for a third-party corporation, Paragon Protection Ltd., in which the estate held an indirect interest.
The court dismissed the motion, finding that the applicants failed to prove beyond a reasonable doubt that Pervez was in contempt.
The court held that the consent order was unclear and overly broad as to whether it covered documents held in Pervez's professional accounting capacity, and further noted that Pervez had made good faith efforts to comply.
