Donovan Clarke

The appellant appealed an order passing the accounts of the respondent, who acted as Attorney for Property and Estate Trustee for their parents.

The trial judge had awarded the respondent compensation of $129,861.05 and ordered the appellant to personally pay full indemnity costs of $192,000.

The Divisional Court allowed the appeal in part, finding the trial judge erred in awarding a care and management fee for the Estate Trustee period and in calculating a deduction from the appellant's share of the residue.

The Court also granted leave to appeal the costs order, substituting a blended order requiring the appellant to pay partial indemnity costs of $115,200, with the balance of the respondent's legal costs payable from the estate.

The estate trustee applied to pass her accounts as attorney for property and estate trustee for her deceased parents.

Her sister objected to the accounts, challenging the compensation claimed, the accounting of cash transactions, the valuation of the parents' home, and the payment of legal fees and roof repairs from the estate.

The court found the trustee's accounts to be accurate and the expenses reasonable.

The court adjusted the valuation of the home to $820,000 based on expert evidence but otherwise approved the accounts and the compensation claimed, finding it fair and reasonable.