This application concerned a dispute over the administration of an estate, specifically the sale of the deceased's home to one of the estate trustees and a $40,000 cheque cashed by another trustee after the deceased's death.
The court found that the trustees breached their fiduciary duties by selling the home below fair market value and that the $40,000 cheque was not a valid gift as it was cashed after the donor's death.
The court ordered the trustee who purchased the home to reimburse the estate for the undervaluation and the trustee who cashed the cheque to return the funds.
The court declined to remove the trustees or nullify the home sale.
