Devan J. Munch

The applicant sought directions regarding a holograph will discovered after obtaining a Certificate of Appointment of Estate Trustee without a Will.

The court validated the holograph will dated July 11, 2000, found certain revisions invalid except for the obliteration of one beneficiary, appointed the applicant as Estate Trustee with a Will, and provided detailed directions regarding the distribution of the estate among beneficiaries, including addressing the pre-deceased beneficiaries and the interpretation of ambiguous provisions.

The court awarded costs to the applicant and certain respondents.

This decision addresses the costs arising from a successful motion by Lucien Cammaert to transfer proceedings from Toronto to Sudbury.

Lucien sought substantial indemnity costs, while Rosemary Maki, the unsuccessful party, argued for no costs or costs in the cause, asserting her initial choice of venue was reasonable and that she was seeking an accounting of assets.

The court found Lucien presumptively entitled to costs, rejecting Rosemary's arguments that her positions were unreasonable enough to warrant substantial indemnity, but also that costs should be in the cause.

The court awarded partial indemnity costs to Lucien, emphasizing that the unsuccessful party's conduct did not warrant elevated costs, but also did not justify deviating from the general rule that costs follow the event.

The applicant, Rosemary Maki, sought leave under section 42 of the Substitute Decisions Act, 1992, to compel the respondent, Lucien Cammaert, to pass his accounts regarding his management of their father's (Willy Cammaert) property.

The father, 89 and in long-term care, was deemed to lack capacity.

The applicant alleged extensive involvement and mismanagement by the respondent since 2016, leading to a significant erosion of the father's assets.

The respondent claimed the father managed his own finances until a stroke in February 2024 and that transfers were gifts.

The court granted leave, finding the applicant had a genuine interest and that the respondent was involved in the property's management since January 2016, regardless of the father's capacity at the time, and had not fully accounted for his dealings.

The applicant was awarded costs.

The applicant, Rosemary Maki, initiated an application in Toronto seeking a declaration of her father's incapacity, the setting aside of his Powers of Attorney, and her appointment as guardian.

The respondent, Lucien Cammaert, brought a motion to transfer the application to Sudbury.

The court, applying Rule 13.02(2)(b) of the Rules of Civil Procedure, considered factors such as where the events occurred, where the subject matter was located, and the convenience of parties and witnesses.

Given that the Powers of Attorney were executed in Espanola (Sudbury District), the property is located there, and most parties and witnesses reside in the Sudbury District, the court found that Sudbury was a "significantly better" venue.

The motion to transfer the proceedings to Sudbury was granted.

This decision concerns a contested passing of estate accounts.

The beneficiaries (respondents) challenged the estate trustee's (applicant's) accounting, alleging unaccounted assets from real estate sales and a life insurance policy, as well as improper payment of legal fees from the estate.

The court found that the estate trustee failed to adequately account for $107,321 in corporate assets and $53,220 in personal assets, and improperly paid $21,074 in legal fees from the estate.

The court ordered the estate trustee to pay $181,615 to the estate by way of damages.

The respondents' claim for a resulting trust on property transferred to the estate trustee prior to the deceased's death was dismissed due to the presumption of advancement between married spouses.