3 total
Estate trustee removed due to extreme hostility and inability to administer the estate jointly.
The deceased appointed her three children as joint estate trustees.
Due to extreme hostility and acrimony, the siblings were unable to administer the estate, which consisted primarily of a $66,000 bank account.
Two siblings brought an application to remove the third, who brought a cross-application to remove them.
The court found that the third sibling demonstrated palpable animus and made abusive statements and threats.
Applying the test for removal of a trustee, the court removed the third sibling and allowed the other two to continue as the sole estate trustees.
The court declined to appoint the Public Guardian and Trustee without consent but allowed the interim guardian to pre-take compensation and legal fees.
Mohammad Akram, an incapable person with substantial property, had The Bank of Nova Scotia Trust Company appointed as interim guardian.
Due to persistent family disputes and non-cooperation, the interim guardian moved for its removal, the appointment of the Public Guardian and Trustee (PGT), and approval of its compensation and indemnification for legal fees.
The court determined it lacked authority to appoint the PGT as guardian without the PGT's consent and a formal application, especially since other family members expressed willingness to act.
The court denied the immediate removal of the interim guardian but varied the existing Order Giving Directions to establish a structured timetable for the appointment of a permanent guardian and mandatory mediation.
The court granted the interim guardian permission to pre-take compensation and indemnify itself for legal fees, and appointed the PGT as litigation guardian for the purpose of passing accounts.
Motion for legal representation and medical records granted; requests to cancel Power of Attorney and pass accounts dismissed.
The applicant brought a motion seeking various orders regarding the property of his 85-year-old mother, who suffers from progressive dementia.
The applicant sought to cancel a 2013 Power of Attorney granted to his brothers, compel the passing of accounts, obtain medical and legal records, and secure a preservation order.
The court ordered the Public Guardian and Trustee to arrange legal representation for the mother and ordered the production of specific medical records from 2013.
However, the court dismissed the requests to cancel the Power of Attorney, compel the drafting lawyer's files, order the passing of accounts, and grant a preservation order, finding insufficient evidence of incapacity at the time of signing or financial mismanagement by the attorneys.
