Ontario Superior Court of Justice

Court File No.: CV-24-0109-00
Date: 2025-02-04

BETWEEN:
Executor, Estate of Oiva Paju, Chris Paju (Applicant)
J. Clark, for the Applicant/Moving Party

- and -

Jennifer Lindstrom and Susan Foulds (Respondents)
Jennifer Lindstrom, Self-Represented Respondent/Responding Party
Susan Foulds, Not Participating

Heard: January 7, 2025 in Thunder Bay, Ontario by Videoconference
Justice: J.S. Fregeau

Endorsement on Motion to Strike

Overview

[1] Chris Paju, the Estate Trustee for the Estate of Oiva Paju (the “Estate Trustee”), seeks an order striking out all or part of the respondent Jennifer Lindstrom’s documents delivered as Objections to the Estate Accounts of the Estate Trustee for the period March 16, 2022 to January 10, 2024 (the “Second Accounts”), on the grounds that the Objections as filed may prejudice or delay the fair trial of this proceeding and/or that the Objections are scandalous, frivolous or vexatious and/or that the Objections are an abuse of the process of this court.

Background

[2] This is a contentious estate dispute involving the Estate Trustee, the moving party on this motion to strike, and his sister, Jennifer Lindstrom, the Objector and the responding party on this motion (“Ms. Lindstrom”). The Estate Trustee, Ms. Lindstrom and a third sibling, Susan Foulds, are the residual beneficiaries of the Estate of Oiva Paju (the “Deceased”).

[3] In March 2022, Ms. Lindstrom commenced an action against the Estate Trustee. Most of the relief claimed in the action related to two handwritten documents which Ms. Lindstrom alleged were valid codicils of the Deceased (the “Purported Codicils”).

[4] On May 6, 2022, the Estate Trustee commenced an Application to Pass Accounts for his actions as Estate Trustee from the Deceased’s date of death, September 11, 2017, to March 15, 2022 (the “First Accounts”). Most of the estate had already been administered by this point in time. All but one parcel of real property had been sold and the estate was nearing the distribution of funds.

[5] On June 14, 2022, Ms. Lindstrom served a Notice of Objection to the First Accounts. On July 20, 2022, the Estate Trustee produced a Reply to the Notice of Objections to the First Accounts. Ms. Lindstrom then filed an amended Notice of Objection to the First Accounts on September 20, 2022. The formal passing of the First Accounts has not yet occurred. It is anticipated that the First Accounts and the Second Accounts will be passed at the same time.

[6] Ms. Lindstrom’s conduct throughout the administration of the Estate caused the Estate Trustee to schedule a Case Conference before Nieckarz J. On March 29, 2023, Nieckarz J. ordered, among other things, that Ms. Lindstrom was not to threaten criminal proceedings against the Estate Trustee or any of his affiants while proceedings remained ongoing.

[7] On October 6, 2023, the Estate Trustee brought a contempt motion against Ms. Lindstrom, alleging that she was in breach of the March 29, 2023, order of Nieckarz J. On October 10, 2023, Nieckarz J. ordered that if Ms. Lindstrom made threats of any kind toward the Estate Trustee or his affiants, the court may strike or dismiss her pleadings, make a finding of contempt or make any other order as is just in the circumstances.

[8] On November 27, 2023, a Trial of an Issue proceeded before RSJ Newton to determine the validity of the Purported Codicils. On December 29, 2023, RSJ Newton released his decision on the Trial of an Issue. RSJ Newton held that the Purported Codicils were not testamentary documents and were not part of the Last Will and Testament of the Deceased.

[9] On February 20, 2024, RSJ Newton’s Costs Decision in relation to the Trial of an Issue was released. Ms. Lindstrom was ordered to pay costs on a substantial indemnity basis in the amount of $67,214. RSJ Newton found that Ms. Lindstrom’s actions had resulted in the Estate incurring unnecessary and significant costs and that her actions, including harassment of the Estate Trustee, his counsel and third-party witnesses, were improper and vexatious.

[10] As a result of the Trial of an Issue delaying the overall administration of the Estate, it was necessary that a second passing of accounts proceed in relation to the few remaining aspects of the Estate. At a February 2, 2024, Case Conference RSJ Newton directed that the Estate Trustee was to prepare a second set of accounts for the period March 15, 2022, forward. He further directed that Ms. Lindstrom would be permitted to object to any entries in the second accounts from March 15, 2022, forward, including issues from the action not related to the Purported Codicils and that were not addressed in her June 13, 2022, Notice of Objection.

[11] On April 2, 2024, the Estate Trustee filed a second Passing of Accounts Application for his actions as Estate Trustee for the period March 16, 2022, to January 10, 2024 (the “Second Accounts”). On April 29, 2024, Ms. Lindstrom delivered a document entitled “Affidavit Response to the Statement of Accounts” which the Estate Trustee understood to be Ms. Lindstrom’s Notice of Objection to the Second Accounts.

[12] The Estate Trustee instructed his counsel to correspond with Ms. Lindstrom and advise her that the Estate Trustee may move to strike this document for contravention of the terms of the previous endorsements of Nieckarz J., alleging that it contained threats of various types.

[13] In response, on May 8, 2024, Ms. Lindstrom delivered another document entitled “Edited Response to Statements of Account”, apparently her amended objection. The Estate Trustee replied to this latest “objection” on June 7, 2024. The Reply consisted of over 600 pages of affidavits and exhibits.

[14] Following the delivery of the Estate Trustee’s Reply to Objections on the Second Passing of Accounts Application, Ms. Lindstrom has delivered six additional documents. The Estate Trustee and counsel were unsure of what these additional documents were, so counsel requested a further Case Conference for directions. This conference took place before RSJ Newton on August 22, 2024.

[15] At the conclusion of the August 22, 2024, conference, RSJ Newton ordered that Ms. Lindstrom deliver a new Notice of Objection to the Second Accounts, to include a “line by line chart responsive to the accounts”. RSJ Newton further ordered that “within 40 days, the Estate may deliver any motion to strike any objection on the grounds that the objection is improper”.

[16] On September 5, 2024, Ms. Lindstrom served three separate documents on the Estate Trustee, entitled:

1. Objection to Statement of Accounts;
2. Mr. Jonathon Clark Fees and Respondent Requests for Fines and Compensation; and
3. Executor Fees and Respondent Requests for Fines and Compensation.

[17] On September 10, 2024, the Estate Trustee directed counsel to correspond with Ms. Lindstrom with regard to these documents not being in compliance with RSJ Newton’s August 22, 2024 order. In this correspondence, counsel highlighted what he suggested were the non-compliant sections within Ms. Lindstrom’s documents and reminded Ms. Lindstrom that RSJ Newton had granted the Estate Trustee leave to move to strike for non-compliance with his order.

[18] In response, on September 16, 2024, Ms. Lindstrom delivered three additional documents to the Estate Trustee that were, for all intents and purposes, the same as the documents Ms. Lindstrom delivered on September 5, 2024.

The Position of the Estate Trustee

[19] For the purposes of this motion, the Estate Trustee has helpfully highlighted the portions of the documents Ms. Lindstrom delivered in response to RSJ Newton’s August 22, 2024 order which he submits are not in compliance with that order and/or RSJ Newton’s February 2, 2024 Endorsement and/or Nieckarz J.’s October 6, 2023 Endorsement.

[20] In general terms, the Estate Trustee submits that the material filed by Ms. Lindstrom seeks to relitigate issues related to the Trial of an Issue on the Purported Codicils, repeats the substance of objections related to the First Accounts and includes threats directed toward the Estate Trustee and counsel.

[21] The Estate Trustee submits that it is fundamental to the proper disposition of this motion to strike to keep in mind that the Second Accounts, addressing the 21-month period between March 16, 2022, and January 10, 2024, contain very little of substance because there was little activity over this period of time. All real property, but for the mineral rights valued at $2,858 associated with a single parcel of real property, had been disposed of within the period encompassing the First Accounts. Disbursements during the period of March 26, 2022 to January 10, 2024 consisted of legal fees, estate accounting fees, estate taxes and executor reimbursement.

[22] The Estate Trustee submits that this motion to strike was brought to clarify Ms. Lindstrom’s proper objections to the Second Accounts in order to streamline the process going forward so that the finalization and distribution of the Estate can proceed without further expense and delay.

[23] The Estate Trustee, relying on Rule 25.11 and Rule 60.12, requests that irrelevant material in the objections and material filed in contravention to earlier orders and endorsements be struck so that this estate can be finalized.

[24] The Estate Trustee submits that the August 22, 2024 endorsement of RSJ Newton directed that Ms. Lindstrom file a single document entitled Notice of Objection which was to include her proper objections to the Second Accounts.

[25] The Estate Trustee submits that the documents filed and entitled:

1. Mr. Jonathon Clark Fees and Respondent Requests for Fines and Compensation; and
2. Executor Fees and Respondent Requests for Fines and Compensation

violate the August 22, 2024 order of RSJ Newton and should be struck entirely pursuant to either Rule 25.11 or Rule 60.12.

[26] The Estate Trustee submits that the remaining document filed by Ms. Lindstrom, entitled Notice of Objections, should be substantially “edited” by the court on this motion to strike on the grounds that the contents are not valid and proper objections to the second accounts and/or that certain entries are not in compliance with previous orders and endorsements.

The Position of Ms. Lindstrom

[27] Ms. Lindstrom did not provide any relevant or substantive submissions on this motion to strike.

Discussion

[28] The August 22, 2024 Endorsement of RSJ Newton was clear and unambiguous – Ms. Lindstrom was to deliver a single, comprehensive Notice of Objection to the Second Accounts, including a line-by-line chart responsive to the accounts.

[29] The following two documents filed by Ms. Lindstrom are in violation of this clear direction, are not responsive to the Second Account and shall therefore be struck in their entirety:

1. Mr. Jonathon Clark Fees and Respondent Requests for Fines and Compensation; and
2. Executor Fees and Respondent Requests for Fines and Compensation.

[30] The third document filed by Ms. Lindstrom, entitled Notice of Objection to Accounts and encompassing 36 pages, is largely non-responsive to the limited contents of the Second Accounts. Much of the contents are also in violation of the orders of Nieckarz J. dated March 29, 2023 and October 6, 2023, or are directed toward the Purported Codicils.

[31] I am satisfied that allowing Ms. Lindstrom’s Notice of Objection to stand as filed will cause unnecessary delay and expense to the passing of the Second Accounts and the timely completion of the administration of this estate. I therefore order portions of Ms. Lindstrom’s objections struck pursuant to Rules 25.11 and 60.12 as set out below, with reference to the relevant Case Centre page numbers and sub-headings.

[32] A449 and points 1 to 8 – this entire page is ordered struck. The entries are repeated from objections made to the First Accounts and/or the entries are not responsive to the contents of the Second Accounts.

[33] A462 – Legal Fees for Affidavits with False Information – the entries within this section are non-responsive to the contents of the Second Accounts and are ordered struck.

[34] A463 – Legal Fees for Writing the Affidavit of Nathalie Narbeau – this relates to the Purported Codicils, the November 27, 2023 Trial of an Issue before RSJ Newton and the related Costs Decision dated February 20, 2024. It is not relevant to the Second Accounts and is ordered struck.

[35] A463 – Costs for the Passing of Accounts – the final three lines of this entry, as highlighted by applicant in his materials on this motion, are directed at matters within the time period encompassing the First Accounts. This section is ordered struck.

[36] A467 – A468 – entries numbered 1 – 5, 9, 10, 11, 12, 14, 17, 18, 19, 24, 29 and 30 all relate to matters falling within the parameters of the First Accounts. They are not responsive to the Second Accounts and are ordered struck.

[37] A473 – entry numbered 32 contains an implied threat against the Estate Trustee and is ordered struck.

[38] A475 – the first sentence of entry numbered 40 contains an implied threat against the Estate Trustee and is ordered struck.

[39] A475 – A478 – entries numbered 41, 42, 43, 44, 45, 46, 47, 48, 49 and 50 contain accusations of misappropriation, implied threats, references related to real property disposed of within the time period encompassed by the first accounts and other issues related to the first accounts. All these entries are ordered struck.

[40] A481 – A485 – this section, entitled Release of Personal Funds of the Respondent on September 11, 2024, is in contravention of the August 22, 2024 order of RSJ Newton and is non-responsive to the Second Accounts. This entire section is ordered struck.

[41] I direct the moving party to redact Ms. Lindstrom’s objections as set out in this Decision and to file the redacted objections with a cover page entitled “Redacted Objections of Ms. Lindstrom to Second Accounts as per Decision on Motion to Strike”.

[42] The applicant is entitled to the costs of this motion and shall file written Costs Submissions within 21 days of the release of this Endorsement, not to exceed three pages exclusive of his Bill of Costs. The respondent shall file responding Costs Submissions with 30 days of the release of this Endorsement, not to exceed three pages. Failure to file Costs Submissions within this timeframe shall be taken to be a waiver of costs.

“Original signed by”
J.S. Fregeau

Released: February 4, 2025