Melissa Lauren Elmaleh

The plaintiffs, grandchildren of the deceased Mary Jane Hockney, brought an action against Mary Jane Kneeland, the estate trustee, for failing to distribute estate funds and for breaches of trust, fiduciary duty, conversion, and unjust enrichment.

The court found Kneeland, a lawyer, liable in both her personal and trustee capacities, noting her egregious and intentional misconduct.

The court awarded the plaintiffs the outstanding estate funds, aggravated damages for distress, and prejudgment interest, and left open the possibility for further claims if substantiated.

The applicants, grandchildren of the deceased Mary Jane Hockney, sought an order requiring the respondent, Mary Jane Kneeland (the estate trustee and lawyer), to account for and complete the administration of the estate.

The court found that Ms. Kneeland had failed for over a decade to distribute approximately $150,000 held in trust for the beneficiaries, despite repeated requests and complaints to the Law Society of Ontario.

The court ordered Ms. Kneeland to pass her accounts by a set deadline and provided directions for the continuation of the proceeding, including steps to be taken if Ms. Kneeland fails to participate.