Meagan Jennings

This is an estate dispute involving five members of the Zuccarini family concerning the estate of the late family patriarch and the management of defendant corporations.

The plaintiffs allege undue influence by one defendant over the deceased and his widow, challenge the validity of wills executed in 2019, and seek an oppression remedy regarding corporate management.

The court addressed a motion to appoint a litigation administrator for the estate, which had been stayed pending proper constitution of the proceedings.

The court appointed a neutral third-party lawyer as litigation administrator and determined that the estate and corporate defendants should bear the costs of the administrator's fees.

The applicants, who are the children and accountant of the respondent, brought an application for declarations that the respondent is incapable of managing property and personal care, and incapable of granting or revoking powers of attorney.

The respondent, an elderly man with significant real estate holdings, had executed powers of attorney in 2011 in favour of the applicants.

Following a stroke and cognitive decline, the applicants assumed management of his affairs.

Subsequently, the respondent married a new partner and executed new powers of attorney with the assistance of a friend.

The court reviewed competing capacity assessments and medical evidence, concluding that the respondent has been incapable of managing property and personal care since September 2017, and incapable of granting or revoking powers of attorney since November 2018.

The court affirmed the authority of the applicants under the 2011 powers of attorney.