Joshua Eisen

The Estate Trustee During Litigation (ETDL) brought a motion to sell the estate's sole significant asset, a residential property, prior to trial.

The respondent, who resided in the property and claimed ownership under a disputed codicil, opposed the sale.

The court granted the motion, finding that the respondent had failed to comply with previous court orders regarding carrying costs and disclosure, had maximized the property's line of credit, and that the ETDL required estate funds to protect the asset and advance the litigation.

The appellant appealed a lower court's decision, challenging the admissibility of a recording and the finding that a joint tenancy had been severed.

The Court of Appeal rejected the argument regarding the recording's inadmissibility, finding it relevant and admissible.

The court also found no basis to interfere with the application judge's decision on joint tenancy severance, as it was a fact-specific inquiry.

The appeal was dismissed, and costs were awarded against the estate, noting the litigation was necessitated by the deceased's actions.