The applicant brought a motion personally and as an estate trustee seeking a declaration that a joint bank account held by his deceased mother and his brother was subject to a resulting trust, and seeking production of account statements.
The respondent brothers argued the applicant lacked standing, the limitation period had expired, and the resulting trust was a triable issue.
The court found the applicant had standing and the limitation period was suspended due to their father's incapacity.
The court declined to declare a resulting trust on a motion, finding it required a full record, but ordered the respondent to produce the bank statement from the date of the mother's death.
The court also ordered that no further motions be brought until an Estate Trustee During Litigation is appointed.
