2 total
Beneficiary's application for extensive estate disclosure dismissed; executor permitted to pass accounts without probate.
The applicant beneficiary brought an application under Rule 74.15 seeking extensive disclosure of the deceased's bank and medical records, and an examination under oath of the respondent executor.
The respondent, acting as executor de son tort, had provided informal accountings but resisted the broad demands, noting that the disputed assets (a cottage and TFSA) passed outside the estate prior to death.
The court dismissed the application, finding the demands excessive and unsupported by evidence of incapacity or undue influence.
The court permitted the respondent to proceed to a formal Passing of Accounts without requiring a Certificate of Appointment.
Tenant's appeal of eviction order dismissed for delay, lack of merit, and failure to pay rent.
The tenant appealed an eviction order made by the Landlord and Tenant Board for non-payment of rent.
The landlord brought a motion to dismiss the appeal on the grounds of delay, lack of merit, and breach of a previous court order requiring the tenant to pay rent.
The Divisional Court found that the tenant failed to perfect his appeal in time, that the appeal lacked merit as there was no evidence the Board failed to accommodate his disability, and that the tenant breached the order to pay rent.
The appeal was dismissed and the eviction order was affirmed.
