The appellant appealed a motion judge's refusal to appoint her as estate trustee during litigation to pursue a claim against the respondent for breach of fiduciary duty owed to their late mother.
The Court of Appeal found no error in principle, agreeing that the appellant would be in a conflict of interest.
However, the Court allowed the appeal regarding costs, finding the motion judge erred in ordering the appellant to pay full indemnity costs, and reduced the award to partial indemnity costs.
