In an application to pass estate accounts nearly two decades after death, the court held the estate trustee's narrative materials did not satisfy the accounting obligations imposed by the Rules of Civil Procedure.
The court found the trustee failed to keep proper books, engaged in admitted self-dealing, provided non-credible evidence, and could not account for key estate assets and transactions.
Applying the court's remedial jurisdiction under s. 49 of the Estates Act, the court declined to speculate on unsupported losses but awarded the estate $6,811.22 for the proven shortfall in liquid assets.
The court denied trustee compensation because the trustee's record-keeping failures, co-mingling, and lack of cooperation made a proper accounting impossible.
Costs were deferred for further written submissions.
