The applicant, Brian Buday, brought a motion seeking an order to continue an application in the absence of a person representing the estate of his deceased father, Paul Buday, and a vesting order for a property Paul allegedly gifted to him.
The estate was found to be impecunious, and the named executors (Brian and his brother Glen) were in conflict, making it impractical for them to act as litigation administrators.
The court granted the request to proceed without a litigation administrator, finding it in the interests of justice.
However, the court declined to grant the vesting order summarily, determining that a limited trial of the issue was necessary due to conflicting evidence regarding Paul's intention to gift the property and its historical use.
