Feinstein v. Freedman et al., 2013 ONSC 1616

Case Summary

The applicant sought to resign as trustee of a family trust. The Office of the Children's Lawyer brought a cross-application to appoint a new independent trustee, arguing that the settlor's children, who intended to appoint themselves as trustees pursuant to the trust agreement, had abused their discretion as directors of the trust's holding company. The court found no evidence of abuse of discretion that would justify interfering under s. 5(1) of the Trustee Act, and held that the executors could appoint the next trustees pursuant to the trust agreement.

COURT FILE NO.: 12-53861

DATE: 2013-03-18

ONTARIO

SUPERIOR COURT OF JUSTICE

BETWEEN:

ABRAHAM FEINSTEIN

Applicant

– and –

JACOB FREEDMAN, JONATHAN FREEDMAN, ROSE-ANNE FREEDMAN-PRIZANT, JOSH FREEDMAN, MICHAEL FREEDMAN, SHIRA LEAH BEN-CHOREEN SCHNEK, RACHEL FREEDMAN, JOSHUA FREEDMAN, ELI FREEDMAN, TAL-OR BEN CHOREEN, ELISHUA BEN-CHOREEN, JOSHUA PRIZANT, SARAH IDIT PRIZANT, SAMUEL PRIZANT, JOSHUA FREEDMAN, ADAM FREEDMAN, LIAT BEN-CHOREEN, RIVA FREEDMAN ROTENBERG AND THE OFFICE OF THE CHILDREN’S LAWYER

Respondents

Peter Hagen, for the Applicant

Counsel for Jacob Freedman, Rose-Anne Freedman-Prizant and Josh Freedman: Catherine Francis

Counsel for Jonathan Freedman : Jaye Hooper

Counsel for Michael Freedman, Shira Leah Ben-Choreen Schneck, Rachel Freedman, Joshua Freedman, Eli Freedman Joshua Prizant and Sarah Idit Prizant : Gregory Sidlofsky

Counsel for Tal-or Ben-Choreen, Liat Ben-Choreen and Elishua Ben-Choreen: Joseph Obagi

Counsel for Samuel Prizant, Joshua Freedman, Adam Freedman and the Office of the Children’s Lawyer: Clare Burns and Bianca La Neve

Counsel For Riva Freedman Rotenberg: Ken Radnoff

HEARD: January 21^st, 22^nd, and 23^rd, 2013 (Ottawa)

amended REASONS FOR decision

This is an amendment to the Reasons for Decision released March 18, 2013. The amendment occurs in the list of counsel for the Children’s Lawyer.

Parfett j.

[1] The Applicant, Abraham Feinstein requests that the court permit him to resign as Trustee for the Riva Freedman Trust. The cross-application brought by the Office of the Children’s Lawyer (OCL) seeks the appointment of another independent trustee to replace Mr. Feinstein.

Background

[2] Jarvis Freedman is the settlor and testator in the trusts and estate that form the backdrop to this application. On October 11, 1985, he created an inter vivos trust called the Riva Freedman Trust (RFT). The only asset of the R

Feinstein v. Freedman et al., 2013 ONSC 1616

Case Summary

Background

Judge

Counsel

Parties

Areas of Law

Fact Patterns

Expert Witnesses

Issues

Statutory Provisions 2

Legal Tests 1

Legislation 1