Appiah Boateng

The Estate Trustee brought an urgent motion to vacate a caution registered by the respondent, Brian Marcy, on the title of the deceased's house, and to prevent further interference with its sale.

Brian Marcy, a residuary beneficiary and former Estate Trustee, argued that under s. 9 of the Estate Administration Act, title had vested in the beneficiaries.

The court dismissed Brian Marcy's arguments, citing s. 10 of the Act and binding Court of Appeal authority (Di Michele v. Di Michele) which clarifies that s. 9 does not limit an Estate Trustee's power of sale under a will.

The court granted the injunction, ordered removal of any "no dealings indicator," and awarded full indemnity costs of $10,718.05 against Brian Marcy due to his frivolous and vexatious conduct.

The plaintiff brought a motion for summary judgment seeking damages related to a mortgage agreement where the defendant failed to advance funds.

The defendant brought a cross-motion for summary judgment on its counterclaim, seeking payment of fees to remove its charge on the property.

The court found that the defendant was entitled to rely on the mortgage agreement's terms, which included conditions precedent for advancing funds that were not met due to the plaintiff's increased indebtedness.

The plaintiff failed to provide sufficient evidence to support claims of breach of contract or tortious conduct.

The plaintiff's motion was dismissed, and the defendant's cross-motion was granted, entitling the defendant to $11,000 plus interest from the surplus funds of the property's sale.