The applicants brought an application seeking an accounting of their late mother's estate, alleging that significant funds were unaccounted for due to questionable transfers by the respondents, who acted as powers of attorney and estate trustees.
The respondents argued the application was barred by a prior consent judgment on a passing of accounts that concluded the estate litigation.
The court agreed with the respondents, finding that the applicants had commissioned a forensic accounting report prior to consenting to the judgment and that allowing the application to proceed would render the consent judgment pointless.
The application was dismissed as an abuse of process and foreclosed by the prior judgment.
