How Much Should An Executor Be Paid

How Much Should An Executor Be Paid? Hooke Estate v. Johnson 86 E.T.R. (3d) 92   The deceased appointed her solicitor as trustee of her estate. The Trustee handled her estate in accordance with deceased’s wishes and claimed executor’s compensation in amount of $21,900.93 for… Read more

Court Declines to Remove Trustee

Applications to remove executors/trustees are common, and are not always successful with the court declining the application. Miles v Vince 2013 BCSC 888 Removal of a Trustee The petitioners husband settled the trust in 2007 and named the petitioner and her three children as the… Read more

Court Declines to Remove Trustee – Orders Construction of Trust

Court Declines to Remove Trustee Winkler v Winkler 2012 BCSC 1949 involves an application by the surviving widow of the deceased, in her capacity as comity of the person and estate of the deceased, sought an order that her stepson be removed as a trustee… Read more

Breach of Fiduciary Duty

Breach of Fiduciary Duty In Elder Advocates of Alberta Society v. Alberta, 2011 SCC 24, [2011] 2 S.C.R. 261(S.C.C.), the Supreme Court of Canada concisely described the nature of a fiduciary relationship. At para. 22, the Court observed that the doctrine relating to fiduciary duty… Read more

Punitive Damages Awarded For Trustee’s Egregious Conduct

A trustee’s Egregious Conduct lead to an award of punitive damages of $100,000 against the trustee personally. Walling v Walling 2012 ONSC 6580 involves a decision where the Ontario Supreme Court awarded $100,000 punitive damages against the trustee of an estate for extremely egregious conduct… Read more

Breach of Fiduciary Duty In Widow’s Reliance On Family

A breach of fiduciary duty was found when following her husband’s death, a widow relied upon  family members  to enter into improvident land transfers based on assertions that the widow relied upon. It is a fact that families financially abuse each other and often in the… Read more

The Reverse Onus of Proof When Suing a Fiduciary

Suing a Fiduciary and Reverse Onus Is Important The duty of loyalty of a fiduciary is protected through onuses. Fiduciaries are held to an irregularly high standard of behavior in civil law due to the nature of their duties. It is the peculiarly unequal position… Read more

Court Removes Trustee and In Rare Case No Replacement Trustee Appointed

Court Removes Trustee Evans v Gonder 2010 CarswellOnt 1240 Ont C.A is unusual in that the court removed a trustee without appointing a replacement, and found that it had the authority to do so. The case involved a conflict of interest in the trustee necessitating… Read more

Trustee Discretionary Spending Limited By Court

Trustee Discretionary Spending and the Courts Oversight The decision of Steven Thompson Family Trust v. Thompson 2012 ONSC 7138, (Ont. S.C.J.) dealt with a contested passing of accounts for the Steven Thompson Family Trust . The beneficiaries contested the passing and opposed 23 disbursements that… Read more

What Are the Duties of an Executor or Administrator of an Estate?

Duties of an Executor or Administrator of an Estate A personal representative, whether an executor by a will, or an administrator appointed by the court,  has a duty to act solely and exclusively for the benefit of the beneficiaries.  This duty is construed strictly, and… Read more

What is a Fiduciary?

What is a Fiduciary? The term “fiduciary” is not well understood by the average citizen. It was probably best stated  in the simple terms of the following: ” If one person undertakes to act in relation to a particular matter in the interests of another, and… Read more

A Fiduciaries Duty Of Trust and Loyalty

Fiduciaries duty is a persons in a position of trust, ranging from doctors, lawyers, accountants, to financial advisors and many others in between. “Wilson J. offered some guidance on the subject of fiduciary relationships in the leading case of Frame v. Smith, [1987] 2 S.C.R. 99… Read more

Executors of Deceased Substituted For Deceased

Executors of Deceased Substituted For the Deceased In Court Action Dicken Mechanical Ltd v Nohels Group Inc 2012 BCSC 917 is a good example of the process that the Rules of Court have established to deal with the situation where  one a party dies and how his… Read more

Debt to Estate Survives Bankruptcy Due to Breach of Fiduciary Duty

Debt to Estate Survives Due to Breach of Fiduciary Duty Kingston Estate v. Charrette(2011), 2011 ONSC 7126, 2011 CarswellOnt 14834(Ont. S.C.J.) was in favour of the Estate Trustee/Plaintiff and held that the Defendants, the Charrettes, had not been given a gift of $25,000 by the… Read more

Court Refuses to Order Sale of Property 11 years after Death, Where Executor Has Power to Postpone Sale and Is Acting Bona Fide

Acting Bona Fide Hriczu v Bailey re Estate of Mackey 2011 BCSC 454 the issue before the court was whether a beneficiary could force the executor to sell a parcel of property and distribute the proceeds amongst the beneficiaries, where the executor had been holding… Read more