Clare E. Burns

The Children's Lawyer appealed an order requiring it to prepare a report and mandating that the report be authored by a different worker than the one who prepared a previous report.

The Court of Appeal allowed the appeal, finding that the judge of first instance lacked jurisdiction to require a report to be made or to dictate which designated worker must author it.

The Court held that while a judge may request a different worker, it remains for The Children's Lawyer to decide whether to participate on those terms.

In an appeal from judgments on a passing of accounts, the court upheld a substantial reduction of an estate trustee's claimed compensation and repayment orders after findings of dishonesty, breach of fiduciary duty, and attempted self-benefit at the expense of estate assets.

The court held that the audit judge properly exercised equitable discretion under the Estates Act and Trustee Act to deny full compensation and require repayment of salary and related amounts.

Leave to appeal the solicitor-and-client costs order was granted, but the costs appeal was dismissed.

The beneficiaries' cross-appeal concerning an alleged $914,431 loss from a related transaction was dismissed because the audit judge had not clearly adjudicated a damages claim for breach of trust on the passing of accounts, though such a claim was left open for future litigation.