Jacob Kaufman

The respondent Estate Trustee brought a motion to clarify a prior Preservation Order to permit her to withdraw Estate funds to pay her legal and accounting fees incurred in defending an application to remove her as Estate Trustee.

The court dismissed the motion, finding that the Preservation Order explicitly restricted payments to legitimate taxes and liabilities, which did not include the trustee's personal legal fees in a dispute over her removal.

The court also extended the timeline for the passing of accounts.

The appellant appealed an order dismissing his cross-motion regarding the administration of his late father's estate.

He sought an extension of time to file an election under s. 6(1) of the Family Law Act on behalf of his incapable mother, arguing his father may have made a subsequent will disinheriting her.

The application judge found no evidence of a subsequent will and that an election was not in the mother's best interests.

The Court of Appeal dismissed the appeal, finding no error in the application judge's factual findings or costs award.

The court-appointed Receiver brought a motion for directions regarding an offer to purchase a large Muskoka property en bloc.

The original buy-out order directed the Receiver to sever the property to allow departing members of the corporation to be paid their share while remaining members kept a retained parcel.

After four years of delays and significant expenses, the severance process was incomplete.

The court found it had jurisdiction to vary the original order due to materially changed circumstances.

The court directed the Receiver to halt the severance process and accept the en bloc purchase agreement, which had the support of the vast majority of stakeholders and represented fair market value.

The applicant and respondent, siblings and joint attorneys for property for their incapable mother, disputed the administration of their late father's estate.

The applicant sought to appoint CIBC Trust as Estate Trustee to administer the estate under a 1974 Will, which left the residue to their mother.

The respondent opposed, arguing their father had made a later will disinheriting their mother, and sought an order compelling an election under the Family Law Act to protect her interests.

The court found no evidence of a later will despite extensive searches, dismissed the respondent's motion, appointed CIBC Trust as Estate Trustee, and declared the 1974 Will valid.

Costs were awarded on a full indemnity basis, capped at $125,000, payable by the respondent, the estate, and the mother.