David Bushell

In a long-standing and highly acrimonious family trust dispute, the court considered multiple motions, including motions to dismiss for delay and abuse of process, and motions for a further and better accounting.

The court found that the plaintiffs (two of the sons) had engaged in an abuse of process through a 'scorched-earth' litigation strategy, including failing to produce relevant documents they controlled, changing counsel repeatedly, refusing to mediate, and launching collateral attacks.

Consequently, the court dismissed their actions.

However, recognizing that the trusts still required an accounting for the benefit of the other beneficiaries (the grandchildren), the court ordered the remaining trustees to provide a further and better accounting, and ordered the redemption of the matriarch's shares in the underlying holding company.

The moving party, in the midst of complex family trust litigation, sought leave to withdraw admissions made in a previous affidavit and to file three new affidavits.

The moving party argued the admissions regarding multi-million dollar shareholder loans were made inadvertently due to confusion and reliance on her former, now-deceased counsel.

The responding parties opposed, arguing the admissions were formal and the new evidence was an attempt to repair her case mid-hearing.

The court granted the motion, finding the admissions were likely inadvertent, raised a triable issue, and caused no non-compensable legal prejudice to the responding parties.

The court emphasized the need to decide the case on its true merits rather than a solicitor's or party's mistake.