James Mitchell Gilmore

The court addresses costs and pre-judgment interest following a trial regarding the administration of the estate of Ciriaco Forgione.

The applicants, Amato and Luisa Forgione, challenged the conduct of the respondent, Anne-Marie Alonzi, as estate trustee and attorney for property.

The court found that Ms. Alonzi was entitled to substantial indemnity costs from the estate, rejecting the applicants' allegations of wrongdoing.

The court declined to award pre-judgment interest to Ms. Alonzi due to her failure to keep proper records, which necessitated the passing of accounts.

This decision concerns the passing of accounts and compensation claims by Anne-Marie Alonzi, attorney and estate trustee for the late Ciriaco Forgione.

The court reviews the factual and legal context of the family dispute, the duties and compensation of attorneys and estate trustees, and the management of the estate’s properties.

The court finds that, despite record-keeping deficiencies and family conflict, Ms. Alonzi and her husband provided exceptional care to Mr. Forgione.

The court reduces compensation for failure to properly account for cash payments but upholds the majority of the claims, recognizing the challenging circumstances and the value of the services provided.