The moving party brought a motion to set aside an ex parte order that required him to apply for a Certificate of Appointment as Estate Trustee for his late father's estate.
The responding party, a foreign judgment creditor, had obtained the ex parte order to facilitate the enforcement of a $44 million US judgment against the estate.
The court found that while the responding party had made adequate disclosure on the ex parte motion, it lacked standing to seek an order for assistance under the Rules of Civil Procedure because it did not yet have a crystallized, domesticated judgment in Ontario.
The ex parte order was therefore set aside.
