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Motion for leave to appeal dismissed with costs fixed at $5,000.
The moving parties brought a motion for leave to appeal the decision of the lower court judge dated November 15, 2024.
The Divisional Court reviewed the written materials submitted by the parties.
The motion for leave to appeal was dismissed, and costs were fixed at $5,000 payable to the responding parties.
The court approved two settlements and a trust variation on behalf of an incapable 95-year-old settlor.
This endorsement concerns two motions for court approval of settlements and a trust variation under Rule 7.08 of the Rules of Civil Procedure and Section 1(1) of the Variation of Trusts Act.
The primary applicant, an elderly individual under disability, sought approval of two settlements: one with his former executive assistant, Jenny Bassett, and another with his nephew, Sotheby Ketchen.
These settlements aimed to resolve disputes regarding the validity of trust amendments, the appointment of trustees, and the individual's capacity.
The court also addressed the nunc pro tunc appointment of a litigation guardian for the individual, including the issue of an out-of-province litigation guardian.
The court approved both settlements and the proposed variation of the trust, finding them to be in the best interests of the party under disability and consistent with the settlor's original intentions.
