Two siblings, acting as co-Estate Trustees for their late father's estate, engaged in extensive litigation against each other, paralyzing the estate's administration.
The brother brought a motion to remove his sister as co-Estate Trustee and to appoint an Estate Trustee During Litigation (ETDL).
The sister brought a cross-motion to strike the brother's counterclaim regarding the ownership of a corporate asset, arguing it was statute-barred.
The court declined to remove the sister as trustee on a paper record but appointed an ETDL due to the severe conflict of interest and hostility between the siblings.
The motion to strike the counterclaim was dismissed as there were triable issues regarding discoverability and the nature of the declaratory relief sought.
