Court File and Parties
COURT FILE NO.: 22-10 (CV-22-00000010-0000) DATE: 20220412
ONTARIO SUPERIOR COURT OF JUSTICE
IN THE ESTATE OF PETER BROWN KINNEAR, deceased
THE HONOURABLE JUSTICE DAWE TUESDAY, THE 12th DAY OF APRIL, 2022
B E T W E E N:
KENNETH PETER KINNEAR and KATHERINE LYNN KINNEAR Applicants
and
ARLENE WHITE Respondent
Order
Application pursuant to Rule 14.05 (3) and section 37 of the Trustee Act and Section 104 of the Courts of Justice Act.
THIS Application, made by the Applicants was heard this day at the Court House, 3 Dominion Street, Bracebridge ON, P1L 2E6 by video link.
ON READING the Notice of Application and the Affidavit of Katherine Lynn Kinnear affirmed January 4, 2022,
THIS COURT ORDERS that Arlene White, be, and is hereby, passed over as the Estate Trustee of the Estate of Peter Brown Kinnear.
THIS COURT ORDERS that Katherine Kinnear be, and is hereby, appointed as Estate Trustee of the Estate of Peter Brown Kinnear, without security and that a Certificate of Appointment of Estate Trustee be issued to Katherine Kinnear, subject to the filing of the necessary supporting Application.
THIS COURT ORDERS that all property and assets forming part of the Estate shall be vested in the Estate Trustee from the date of this Order.
THIS COURT ORDERS that the Estate Trustee be and is hereby entitled to require production of all financial records, banking records, tax records, and any and all records regarding the assets, liabilities, income and expenses relating to Peter Brown Kinnear, the estate of Peter Brown Kinnear and Kinnear Leasing Ltd, either solely or jointly by him with another, for the period commencing 1 January 2005 from any financial advisor, corporation, bank, trust company, insurance company, accountant, or other authority in possession, power, or control of such records, and any predecessors or successors in interest, whether in Canada, or the United States, or elsewhere, in the same manner and to the same extent as Peter Brown Kinnear would have been able, if he were alive, including but not limited to records to which Peter Brown Kinnear was entitled to inspect as a shareholder pursuant to sections 140, 140.1, and 145 of the Business Corporations Act, R.S.O. 1990, c. B 16.
THIS COURT ORDERS that the Estate Trustee be and is hereby entitled to compel production of all lawyer records, notes and files relating to the assets, liabilities corporate dealings and estate planning of Peter Brown Kinnear, the estate of Peter Brown Kinnear and Kinnear Leasing Ltd for the period commencing 1 January 1984 from any lawyer or law firm in possession of such relevant legal records in the same manner and to the same extent as Peter Brown Kinnear would have been able, if he was alive.
THIS COURT ORDERS that the Estate Trustee be and is authorized to compel production of all medical records of Peter Brown Kinnear from any person, agency or institution in possession of same for the period from 1 January 2005 to 15 September 2019.
THIS COURT ORDERS that any claim in respect of the deceased, of lawyer/client privilege, financial advisor/client privilege, or any other professional privilege, including medical privilege, or the duty of confidentiality relating to the instructions for, making of, or execution of, any of the deceased’s testamentary or personal documentation, financial documentation, or documentation relating to property, real estate, or a corporation of the deceased, inclusive of any privacy regulations and legislation which may prohibit the obtaining of such information, including personal health information in respect of the deceased, documentation in respect of the deceased governed by the Personal Information Protection and Electronic Documents Act (the “PIPEDA”), and the Personal Health Information Protection Act (the “PHIPA”), shall be and hereby is waived by the Order Giving Directions herein.
THIS COURT ORDERS that Arlene White shall deliver all legal, accounting and financial records of Peter Brown Kinnear, the estate of Peter Brown Kinnear and Kinnear Leasing Ltd., including the original Last Will and Testament of Peter Brown Kinnear and Affidavit of Execution thereof; the corporate minute book, corporate tax returns and notices of assessment for Kinnear Leasing Ltd.; vehicle ownerships and registrations, copies of insurance policies and any other property whatsoever of Peter Brown Kinnear, the estate of Peter Brown Kinnear and Kinnear Leasing Ltd. to the Estate Trustee, thorough her counsel Judith Turner, within 30 days of the date of this Order.
THIS COURT ORDERS that Arlene White be, and is hereby, restrained from dissipating, selling, transferring, disposing of or encumbering any real or personal property that forms or did form part of the estate of Peter Brown Kinnear, including property owned by Kinnear Leasing Ltd. at the time of Peter Brown Kinnear’s death, or any property that can be traced from property which was originally or previously part of the assets the estate of Peter Brown Kinnear.
THIS COURT ORDERS that the balance of this application is adjourned to a date to be set by the trial coordinator at the request of the Applicants and further orders or directions as may be appropriate may be sought by the Applicants.
The Honourable J. Dawe
KENNETH PETER KINNEAR et al. -and- ARLENE WHITE
Applicants Respondent
Court File No. CV-22-00000010-0000
ONTARIO SUPERIOR COURT OF JUSTICE PROCEEDING COMMENCED AT Bracebridge
Order
Stewart, Esten LLP Barristers • Solicitors 100 Collier Street P. O. Box 7700 Barrie ON L4M 4V3 Judith L. Turner (23924V) jturner@stewartesten.ca Tel: (705) 728-5591 Fax: (705) 728-3566 Lawyers for the Applicants RCP-E 4C (May 1, 2016)