Anthony Frost

The applicant sought compensation for her services as attorney for property prior to the deceased's death and as executor of his estate.

The respondent, the sole beneficiary, opposed the attorney compensation claim, arguing it was barred by the two-year limitation period because the applicant did not claim it annually while the deceased was alive.

The court held that the Substitute Decisions Act does not mandate annual claims and that the limitation period was triggered by the deceased's death, making the claim timely.

The court also rejected arguments to reduce the compensation amounts, awarding the applicant $34,024.29 for attorney compensation and $11,679.00 for executor compensation.

On a contested passing of accounts, the court considered the compensation claimed by an estate trustee during litigation for administering a complex estate over several years involving extensive litigation, missing assets, and the unwinding of a corporate entity owned by the estate.

One charitable beneficiary objected to aspects of the trustee’s compensation, including the application of percentage fees on large capital transactions and the treatment of accounting fees.

The court accepted certain accounting adjustments and deductions but declined to reduce the trustee’s compensation in light of the extraordinary complexity of the estate administration and the significant recovery work undertaken.

A special fee was also awarded for the additional effort required to wind up the corporate estate asset.

The court further determined the outstanding legal fees payable to counsel for several charitable beneficiaries and ordered costs on the passing of accounts.