The applicant beneficiary brought an application under Rule 74.15 seeking extensive disclosure of the deceased's bank and medical records, and an examination under oath of the respondent executor.
The respondent, acting as executor de son tort, had provided informal accountings but resisted the broad demands, noting that the disputed assets (a cottage and TFSA) passed outside the estate prior to death.
The court dismissed the application, finding the demands excessive and unsupported by evidence of incapacity or undue influence.
The court permitted the respondent to proceed to a formal Passing of Accounts without requiring a Certificate of Appointment.
