Gillian Charlotte Fournie

The applicant, Carol Bellamy, a co-Estate Trustee, brought an application for the passing of accounts for the Estate of Jean Ann Ruston.

The respondent, Carolyn Thompson, the sole beneficiary and co-Trustee, raised numerous objections regarding excessive payments to Carol and her husband, Ron Bellamy, and mismanagement of estate funds, including speculative investments.

The court dismissed Carol's defenses of laches and acquiescence, finding her fiduciary duties to the sole beneficiary paramount.

The court ordered Carol to repay $318,918.27 to the Estate for excessive compensation and reimbursements, and directed several other objections to proceed to trial due to insufficient documentation and credibility issues.

The applicant brought a motion for a finding of contempt against the respondent, an estate trustee.

The court dismissed the contempt motion, finding the respondent had made good faith efforts to comply with a previous order.

The court then considered costs, noting the respondent's offer to settle closely matched the decision.

The applicant was ordered to pay the respondent's partial and substantial indemnity costs, totaling $21,766.76.

The court declined to order the estate to pay the remainder of the respondent's full indemnity costs, citing some faults on the respondent's part, but primarily emphasizing the unnecessary nature of the applicant's motion.