The Estate Trustee brought an urgent motion to vacate a caution registered by the respondent, Brian Marcy, on the title of the deceased's house, and to prevent further interference with its sale.
Brian Marcy, a residuary beneficiary and former Estate Trustee, argued that under s. 9 of the Estate Administration Act, title had vested in the beneficiaries.
The court dismissed Brian Marcy's arguments, citing s. 10 of the Act and binding Court of Appeal authority (Di Michele v. Di Michele) which clarifies that s. 9 does not limit an Estate Trustee's power of sale under a will.
The court granted the injunction, ordered removal of any "no dealings indicator," and awarded full indemnity costs of $10,718.05 against Brian Marcy due to his frivolous and vexatious conduct.
