Jack Armstrong

The applicant sought to be appointed as Estate Trustee pursuant to the deceased's 2018 will, which left virtually the entire estate to her and excluded the deceased's four children.

The children contested the will's validity, alleging undue influence and cognitive impairment due to brain cancer.

The court declined to appoint the applicant as Estate Trustee and ordered the parties to select a mutually agreeable trustee to manage the estate pending the outcome of the litigation.

The plaintiffs advanced funds secured by three mortgages on a property owned by the defendant, which went into default.

The plaintiffs also advanced approximately $400,000 in construction costs to build a cottage and boathouse to enhance the property's value for sale.

The property sold for $1,250,000.

The court determined the outstanding mortgage balances and found that while the construction loans were not secured by the third mortgage, there was an implied agreement to pay interest at 5% under the Interest Act.

The court imposed an equitable mortgage and constructive trust over the sale proceeds to secure repayment of the construction costs, finding the defendants were unjustly enriched.