Lucas Ostrowski

The Director of the Motor Vehicle Accident Claims Fund sought to stay the proceeding on the basis that the plaintiff, Gerald Heron McKee, was mentally incapable of commencing the action, or in the alternative, to have a litigation guardian appointed or to require a capacity assessment.

The court found that the presumption of capacity had not been rebutted by compelling evidence and dismissed the motion, emphasizing the importance of autonomy and privacy for litigants and the high threshold for court intervention in counsel's assessment of client capacity.

Following an order removing the respondent as estate trustee and appointing the applicant in his place, the court determined the issue of costs.

The applicant sought $9,745 on a full indemnity basis payable by the respondent personally, citing his unreasonable conduct and failure to provide information.

The court found the respondent acted unreasonably and breached his fiduciary duties.

Costs were fixed at $9,745 on a full indemnity basis, with half payable by the estate and half payable by the respondent personally.

The applicant sought to remove her brother as the estate trustee of their mother's estate.

The respondent had failed to provide meaningful information about the estate administration, left the estate's primary asset (a house) uninsured, and only disclosed on the eve of the hearing that he was collecting rent from a tenant in the house.

The court found a consistent pattern of non-disclosure and past misconduct that was likely to continue.

The court ordered the respondent's removal as estate trustee, appointed the applicant in his place, and ordered the respondent to pass his accounts.