Shelbi Dippold

The applicant, a residual beneficiary of an estate, brought an application against the estate trustees (respondents) alleging mismanagement.

The claims included undue delay in selling the estate house, improper handling of a joint bank account, misdirection of life insurance proceeds, and premature taking of executor compensation.

The court dismissed the applicant's claims regarding occupation rent, the joint bank account, and the life insurance proceeds, finding insufficient evidence for the rent claim, no specific impropriety with the bank account, and that the presumption of resulting trust for the life insurance was rebutted.

While noting the irregular prepayment of executor compensation, the court directed the respondents to formally pass accounts to determine the proper amount.

The applicants, owners of a deconsecrated church and surrounding property, brought an application to evict the respondent tenant, The United People of Canada (TUPOC).

The parties had entered into an agreement of purchase and sale that included a commercial lease.

TUPOC failed to pay the required deposits and rent on time, despite multiple extensions.

The applicants terminated the agreement and the lease.

The court found that TUPOC materially breached the agreement by failing to pay the deposits, enforcing the 'time is of the essence' clause.

The court denied TUPOC's request for relief from forfeiture because it failed to tender the owed funds and did not come to court with clean hands.

The application for eviction was granted.

The defendant corporation brought a motion for leave to be represented by its director, a non-lawyer, under Rule 15.01(2) of the Rules of Civil Procedure in an action for unpaid municipal taxes.

The plaintiff municipality brought a competing motion to strike the defendant's pleadings for non-compliance with the Rules.

Applying the Extend-a-Call factors, the court denied the defendant's motion, finding the director was not clearly authorized to represent all corporate interests, the corporation could afford counsel, and the director had delayed the litigation.

The court ordered the defendant to retain counsel by a specified date, failing which its pleadings would be struck.

The applicant sought to be appointed as Estate Trustee without a bond for the estate of her former stepfather, who died intestate.

The deceased had no spouse, children, or known next of kin.

The court found that the applicant, as the daughter of a former common-law partner, did not qualify as an heir under the Succession Law Reform Act.

The motion was dismissed and the matter was referred to the Public Guardian and Trustee for investigation.