Debra L. Stephens

This endorsement addresses the costs arising from two motions in an estates matter: one brought by Royal Trust Corporation of Canada (Estate Trustee) to appoint the Public Guardian and Trustee as Litigation Guardian for Raymonde Haddad, and a cross-motion by Doris Haddad-Bejjani seeking her own appointment.

Royal Trust's motion was granted, and Doris's motion was dismissed.

The court, applying the modern approach to costs in estates litigation, found Royal Trust, the Children's Lawyer, and Rosemary Whelan to be successful parties.

Doris Haddad-Bejjani, as the unsuccessful party whose conduct complicated the proceedings, was ordered to pay partial indemnity costs to the successful parties from her testamentary trust.

The balance of Royal Trust's and the Children's Lawyer's full indemnity costs were ordered to be paid from the capital of the Estate.

This endorsement addresses competing motions for the appointment of a litigation guardian for Raymonde Haddad, a mentally incapable beneficiary of the Estate of Paul Haddad.

Royal Trust Corporation of Canada, as Estate Trustee, sought to appoint the Public Guardian and Trustee (PGT) as litigation guardian for Raymonde in ongoing estate proceedings (Interpretation Application and Passing Application).

Raymonde's daughter, Doris Haddad-Bejjani, who had been purporting to represent Raymonde under a Continuing Power of Attorney for Property, brought a cross-motion to be appointed as litigation guardian herself.

The court found Raymonde to be a party under disability based on extensive medical evidence.

Doris's motion was dismissed due to a clear conflict of interest, as her personal interests in the estate's distribution were adverse to Raymonde's.

The court granted Royal Trust's motion, appointing the PGT as Raymonde's litigation guardian, emphasizing the PGT's role as a guardian of last resort when no other proper person is willing and able to act without conflict.

The appellant, Miriam Young, appealed the application judge's interpretation of the residue clause in the last will and testament of Saul Jonas, specifically the meaning of 'in equal shares per stirpes' for the 60% portion of the estate designated for grandchildren and great-grandchildren.

The appellant argued for an interpretation that would benefit the children more, while the Office of the Children's Lawyer (OCL) advocated for an equal division among the grandchildren.

The Court of Appeal applied the 'armchair rule' and upheld the application judge's decision, finding no palpable and overriding error in her assessment of the testator's intention to ensure equal distribution within the beneficiary classes.

The appeal regarding the will's interpretation was dismissed.

The appellant also sought leave to appeal a costs order, which was granted, but that appeal was also dismissed, with a portion of the costs payable personally by the appellant.

The applicant, Rosemary Whelan, brought a motion to transfer a passing of accounts proceeding from Toronto to Ottawa.

The Estate Trustee, Royal Trust Corporation of Canada, and other interested parties opposed the transfer.

The court found the motion premature, noting that the application to pass accounts had just commenced in Toronto, and further procedural steps, such as filing objections and a hearing for directions, were pending.

The judge emphasized that a definitive determination of venue, particularly concerning the need for live witnesses, was not yet possible.

The motion for transfer was dismissed without prejudice, with costs reserved to the judge hearing the passing of accounts.