The applicant, sole beneficiary of her late father's estate, brought an application against her aunt (the respondent) and the estate of her late grandmother for misappropriated estate funds.
After the father's death, the grandmother, who was the named estate trustee, used the deceased's debit card to make unauthorized cash withdrawals and retail purchases.
The court found that while the respondent was not a trustee de son tort, she was liable for knowing assistance in the grandmother's breach of trust, as she drove the grandmother to the bank and stores, knew the debit card belonged to the deceased, and assisted in the transactions.
The respondent and the grandmother's estate were held jointly and severally liable for $12,481.42, with the estate liable for an additional amount.