The applicant, Kathleen Florence Doherty, as Estate Trustee, sought an accounting and recovery of funds from Terrence Doherty, who, as attorney for property for the late Molly Marie Doherty, had withdrawn and transferred over $329,000 to himself, his spouse Sylvia, and their son Liam.
The court found that the transferred amounts were not valid inter vivos gifts and that Terrence breached his fiduciary duties.
Sylvia was found jointly and severally liable for knowingly assisting in the breach, while Liam was ordered to make restitution for the funds he received.
Full indemnity costs were awarded against the respondents due to the reprehensible conduct.
