Legal Papers

Passing of Accounts and Business Assets

by: , February 4, 2016

Passing the Trustee’s Accounts When There Are Business Assets At the beneficiaries’ insistence, or at his own initiation, a trustee[i] may apply to court to pass his accounts.  Once in court passing format, the accounts will list the deceased’s assets as of date of death, and trace any subsequent disposition of those assets.  However, where…read more

Passing of Accounts – 2013

by: and , November 26, 2014

If a theme were to emerge from the contested passing of accounts cases that were decided in 2013, it would be “protect the innocent”. In some cases, this theme manifested itself in decisions to remove trustees who acted improperly or to surcharge trustees who misappropriated funds. In other cases, judges protected honest (albeit imperfect) fiduciaries…read more

Contested Passing Of Accounts – Tips, Traps and Pitfalls

by: , February 16, 2012

Most people feel honoured and/or touched when they learn for the first time (they are rarely asked beforehand) that they are named as an executor or a trustee. However, the honeymoon quickly wears thin when it becomes apparent to the newly appointed executor or trustee how much work is often required. The prospects darken further…read more

Making Sense of Cost Awards in Estate and Guardianship Litigation: A Witch’s Brew?

by: , November 18, 2011

As noted by one jurist[1], to the extent that it was not clear prior, the Ontario Court of Appeal made it abundantly clear in McDougald Estate v. Gooderham[2] that the modern approach to fixing costs in estate litigation is to carefully scrutinize the litigation and, unless the court finds that some public policy consideration applies,…read more

Trustee Liability: When Will A Trustee Be Excused

by: , February 16, 2007

When errors by a trustee cause losses to a trust, the question arises as to who should be forced to bear the weight of those losses: the beneficiaries or the trustees?  On the one hand, it seems unfair that a beneficiary should lose because of the mistakes of someone who is in charge of administering…read more