The applicant sought to remove his father as the estate trustee of his late mother's estate, alleging breach of trust after the father transferred the trust property into his personal name and obtained a new mortgage.
The court found that while the father placed himself in a potential conflict, his actions ultimately benefited the estate by reducing the mortgage interest rate and paying down the principal.
The court held that the welfare of the beneficiaries was not compromised and dismissed the application, ordering that an amended declaration of trust be registered on title.
