The applicant moved to set aside an order that removed him as estate trustee and appointed an Estate Trustee During Litigation (ETDL), arguing he lacked notice of the underlying contempt motion.
The court found the applicant had proper notice through his former counsel but chose not to attend.
The court further held that even if notice was improper, the appointment of an ETDL was necessary given the adversarial relationship between the co-trustees and the applicant's improper administration of the estate.
The motion was dismissed with costs awarded to the respondent.