Eric M. Katzman

This application concerned a dispute over the administration of an estate, specifically the sale of the deceased's home to one of the estate trustees and a $40,000 cheque cashed by another trustee after the deceased's death.

The court found that the trustees breached their fiduciary duties by selling the home below fair market value and that the $40,000 cheque was not a valid gift as it was cashed after the donor's death.

The court ordered the trustee who purchased the home to reimburse the estate for the undervaluation and the trustee who cashed the cheque to return the funds.

The court declined to remove the trustees or nullify the home sale.

This decision addresses costs following the settlement of an estate application.

The applicant sought to remove the estate trustee due to alleged delays and misconduct.

While the substantive issues, including the trustee's removal, were settled, the parties reserved the issue of costs.

The court applied civil litigation costs principles to the estate matter, finding that the estate trustee's initial inactivity necessitated the application.

The applicant was awarded partial costs from the estate trustee's share of the estate, and the estate trustee was granted partial indemnification for costs incurred in reasonably advancing the estate administration after the application was brought.

The other respondent was ordered to bear their own costs.

The applicant, Sandra Van Ruymbeke, executor of Mary Powers' estate, sought orders compelling two respondents (siblings Connie Van Ruymbeke and Susan Salenbien) to pass accounts related to a continuing power of attorney for property, and an order to transfer farm properties from Mary's estate to Mark Van Ruymbeke's estate (represented by Connie as Estate Trustee During Litigation).

The court granted the order for Susan Salenbien to pass accounts, as her role as attorney for property was undisputed.

However, a fundamental dispute arose regarding whether Mark Van Ruymbeke was ever granted or acted under a power of attorney for property, which impacts the court's jurisdiction and potential limitation period defenses.

The court found the power of attorney document ambiguous and ordered a trial of an issue to determine Mark's status and conduct, adjourning the request for Connie to pass Mark's accounts until after this determination.

The transfer of farm properties was also addressed with specific conditions.