Athena McBean

The applicant estate trustee sought leave to issue a Certificate of Pending Litigation (CPL) against a property solely owned by the deceased's former common-law partner, claiming a 50 percent beneficial interest via constructive trust.

The respondent challenged the applicant's standing as the proceeding was commenced before the estate certificate was issued.

The court found the applicant had standing under Rule 9.03(1) of the Rules of Civil Procedure.

However, the court dismissed the motion for a CPL, finding insufficient evidence of a triable issue regarding an interest in land, as the applicant's evidence of the deceased's financial contributions was largely uncorroborated hearsay.

The court ordered the respondent to return the deceased's personal property and awarded fixed costs of $15,000 to the respondent.

The applicant sought to be appointed as guardian of property and person for her 80-year-old grandmother, who was suspected of having dementia.

The application could not be heard on its merits due to late filing of materials and a lack of sufficient information regarding the respondent's assets.

The court adjourned the hearing, suspended the existing Power of Attorney, and appointed the Public Guardian and Trustee as temporary guardian of property to investigate the respondent's financial affairs.