Paul Edward Skeggs

This motion concerned the passing of accounts for the estate of Arturo Perlini, specifically challenging the compensation claimed by the estate trustees and the management fee claimed by the attorney under a power of attorney.

The respondent objected to the amounts as unreasonable.

The court applied the five factors from Re Toronto General Trusts and Central Ontario Railway to determine fair and reasonable compensation, finding the claimed amounts excessive due to lack of complexity, delays, and poor investment decisions.

The court reduced the estate trustee fees from 5% to 3% of the estate value and significantly reduced the power of attorney management fee.

The respondent brought a motion seeking an order to deem 100% of a previous costs award, arising from an eight-day trial, as a debt related to child support, thereby making it non-dischargeable in the applicant's bankruptcy under section 178(1)(c) of the Bankruptcy and Insolvency Act.

The applicant contended that the costs primarily stemmed from custody and access issues and should be discharged.

The court, relying on its independent recollection of the original trial, found that the child support issue was inextricably linked to the shared custody claim.

Consequently, the court apportioned 50% of the original costs award to child support, declaring that portion to be a non-dischargeable debt.