Yana Fox

Estate trustees brought an application seeking leave to issue a writ of possession of a property forming part of the deceased’s estate, vacant possession, occupation rent, and damages against the surviving spouse who remained in the home.

The respondent asserted that the property was a matrimonial home and that he had a beneficial interest and possessory rights.

The court held that a writ of possession cannot issue without a prior order granting exclusive possession.

Because the parties were still spouses at the time of death and the property may constitute a matrimonial home, issues of title and possession must be determined under the Family Law Act before such remedies can be granted.

The court therefore dismissed the application, including the claims for occupation rent, damages, and vacant possession.

The Estate Trustee of a deceased shareholder sought oppression remedy relief and alleged breach of natural justice regarding the valuation of the deceased's 50% shareholding in a steel fabrication company.

The valuation was conducted by a professional valuator (Crowe) pursuant to a shareholders agreement.

The Estate Trustee challenged the valuation methodology, claiming the respondent director provided inaccurate and self-serving information regarding holdback amounts, related party expenses, and goodwill attribution.

The Estate Trustee also claimed it should have been involved in the valuation process.

The court dismissed the application, finding no oppression and holding that natural justice principles do not apply to expert determinations under commercial contracts.

This decision concerns the passing of accounts and compensation claims by Anne-Marie Alonzi, attorney and estate trustee for the late Ciriaco Forgione.

The court reviews the factual and legal context of the family dispute, the duties and compensation of attorneys and estate trustees, and the management of the estate’s properties.

The court finds that, despite record-keeping deficiencies and family conflict, Ms. Alonzi and her husband provided exceptional care to Mr. Forgione.

The court reduces compensation for failure to properly account for cash payments but upholds the majority of the claims, recognizing the challenging circumstances and the value of the services provided.