A residuary beneficiary and co-estate trustee sought an order compelling his brother to pass accounts both as attorney for property under a power of attorney and as estate trustee of their late father’s estate.
The applicant alleged questionable financial transactions totaling over $145,000 and argued that piecemeal disclosure was insufficient.
The court held that while beneficiaries and co-trustees may seek an accounting under the Substitute Decisions Act and Estates Act, the remedy is discretionary.
Because the respondent had provided explanations through affidavit evidence and agreed to be cross‑examined, the court declined to order a formal passing of accounts at this stage.
The applicant retained the right to seek further directions or a formal accounting if cross‑examination proved inadequate.
