Application to remove estate trustee dismissed as his actions benefited the estate and beneficiaries.
The applicant sought to remove his father as the estate trustee of his late mother's estate, alleging breach of trust after the father transferred the trust property into his personal name and obtained a new mortgage.
The court found that while the father placed himself in a potential conflict, his actions ultimately benefited the estate by reducing the mortgage interest rate and paying down the principal.
The court held that the welfare of the beneficiaries was not compromised and dismissed the application, ordering that an amended declaration of trust be registered on title.
Default judgment set aside despite lack of acceptable explanation due to disproportionate prejudice to defendant.
The defendant moved to set aside a noting in default and default judgment in a construction lien action.
The court found that the defendant failed to provide an acceptable explanation for the default, as counsel deliberately chose not to file a defence despite clear warnings from the plaintiff.
However, applying the test for setting aside default judgments, the court weighed the prejudice to both parties.
Finding that the plaintiff's prejudice was compensable by costs, while the defendant would suffer considerable prejudice by being unable to present a viable defence and having its bank accounts frozen, the court granted the motion and set aside the default judgment.
