Angela Casey

The moving party sought to set aside or vary an ex parte order that required her to file an application for a certificate of appointment of estate trustee or be deemed to have renounced.

The court found that the responding party failed to make full and fair disclosure of material facts on the ex parte motion, specifically omitting that the moving party's counsel had responded and sought production of the drafting lawyer's file.

The ex parte order was set aside under Rule 39.01(6).

However, the court declined to grant the moving party's requested variation to compel production of the file, finding it overly broad for a motion to vary.

Costs of $2,000 were awarded to the moving party.

The applicant ex-spouse sought a declaration for the proceeds of the deceased's Locked-in Retirement Account (LIRA) based on a 1997 beneficiary designation.

The respondent estate and parents opposed, relying on a 2001 designation changing the beneficiary to the parents, of which only a photocopy could be found, and a 2005 final matrimonial release.

The court dismissed the application, finding the 2001 photocopy was a valid instrument under the Succession Law Reform Act that revoked the 1997 designation.

Furthermore, the 2005 matrimonial settlement and release precluded the applicant's claim, and awarding her the LIRA would result in unjust enrichment.

The moving party sought an adjournment of his motion to set aside consent orders previously made in complex estate litigation.

The respondents opposed the adjournment, arguing prejudice and delay in the sale of an estate property.

The court refused to adjourn the portions of the motion relating to the dismissal of claims against former counsel and the removal of the Estate Trustee During Litigation, finding no merit to those claims and emphasizing the need to enforce court orders.

The court granted an adjournment for the remaining issues regarding the consent orders but ordered the moving party to personally pay the ongoing expenses of the estate property and awarded costs of $54,490 to the respondents on a partial indemnity basis.

The applicant sought the court's direction on whether she properly exercised her right under a separation and trust agreement to purchase the trust's 50% interest in the matrimonial home.

The applicant relied on an appraisal valuing the home at $700,000, while the property subsequently sold to a developer for $1.35 million.

The court ruled in favour of the respondent trustee, finding that the actual sale price was the best indicator of fair market value and that the trustee acted properly to maximize the trust's interest.

The moving parties, estate trustees for the deceased's estate, brought a motion to remove the responding party's daughter as her litigation guardian and attorney for property.

The responding party, who was mentally incapable, had appointed her two children as attorneys, but one withdrew due to a conflict of interest.

The court found that the remaining attorney had a conflict of interest, resided outside the jurisdiction, and had previously depleted the incapable person's funds by selling her home and taking the proceeds.

The court removed the daughter as litigation guardian and appointed the Public Guardian and Trustee to act as litigation guardian and guardian of property.