The applicant and respondent, two siblings, are engaged in contentious estate litigation over their late father's estate.
The applicant brought an application under Rule 14.05 seeking, among other things, declarations of resulting trust over a condominium, a RRIF, and a TFSA, and the removal of the respondent as Estate Trustee.
The respondent argued the application was essentially a motion for directions under Rule 75.06 and should be subject to a minimal evidentiary threshold.
The court held that the evidentiary threshold established in will challenge cases does not apply to a Rule 14.05 application that does not challenge the validity of the will.
The court directed the issues to proceed to trial as an action, but dismissed the applicant's premature requests for documentary production and an order prohibiting the respondent from using estate funds for litigation.
