The applicants sought to appoint Derek Stanley Metcalfe and Richard Cotnam as estate trustees.
The respondent consented to his own removal but opposed the appointment of Mr. Metcalfe, alleging conflict of interest and bias.
The court found that while there was friction between the parties, it did not rise to a level that would prevent the proper execution of the trust or show a lack of impartiality.
The court appointed the applicants' proposed trustees and awarded partial indemnity costs of $19,600 payable by the respondent personally.
