Brooks Estate v. Brooks Estate

Brooks Estate v. Brooks Estate

The court found that a substantial portion of the legal work was not reasonable or necessary given the nature and value of the dispute (recovery of $50,000); the account was therefore taxed down: fees allowed $25,000 plus HST $3,750 (total $28,750), the trust ordered to pay the taxed amount from the life insurance proceeds, and Brandon Ewing ordered to indemnify the trust and personally pay the taxed and allowed sum on a solicitor-client basis.

Citation
2015 NSSC 167
Parties
Applicant; Co Executor and Co Trustee of the Estate of Marcel Brooks and Co Trustee of Life Insurance Trust: Frederick Brooks; First Respondent; Co Executor and Co Trustee of the Estate of Marcel Brooks and Co Trustee of Life Insurance Trust: Brandon Ewing; First Respondent; Co Executor and Co Trustee of the Estate of Marcel Brooks and Co Trustee of Life Insurance Trust: Brenda Brooks; Second Respondent; Child Beneficiary: Kahlyn McIntyre (by Litigation Guardian Devonna McIntyre); Second Respondent; Beneficiary: Justin Huntington
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
3 July 2015
Procedural Posture
Trusts and Estate Application (taxation of Legal Fees) / Post Judgment Taxation of Legal Fees and Indemnity Motion
Outcome
Partially allowed: legal fees and disbursements substantially reduced and allowed; trust ordered to pay the taxed amount; wrongdoer trustee ordered to indemnify and pay the taxed amount.
Legal Topics
Breach of Trust, Trustee Indemnity, Taxation of Legal Fees, Reasonableness of Legal Fees, Reimbursement From Trust
Source Language
English
Trusts Estates Civil Procedure Legal Ethics/professional Conduct Costs and Taxation Breach of Trust Trustee Indemnity Taxation of Legal Fees +2 more

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Parties

Frederick Brooks

Applicant; Co Executor and Co Trustee of the Estate of Marcel Brooks and Co Trustee of Life Insurance Trust

Brandon Ewing

First Respondent; Co Executor and Co Trustee of the Estate of Marcel Brooks and Co Trustee of Life Insurance Trust

Brenda Brooks

First Respondent; Co Executor and Co Trustee of the Estate of Marcel Brooks and Co Trustee of Life Insurance Trust

Kahlyn McIntyre (by Litigation Guardian Devonna McIntyre)

Second Respondent; Child Beneficiary

Justin Huntington

Second Respondent; Beneficiary

Procedural Posture

Trusts and Estate Application (taxation of Legal Fees) / Post Judgment Taxation of Legal Fees and Indemnity Motion

Legal Issues

  1. 1 Whether the legal fees charged were reasonable in the circumstances
  2. 2 Whether the trust should reimburse the trustee for legal expenses incurred
  3. 3 Whether the wrongdoer trustee must indemnify the trust for those fees on a solicitor-client basis

Ratio Decidendi

The court found that a substantial portion of the legal work was not reasonable or necessary given the nature and value of the dispute (recovery of $50,000); the account was therefore taxed down: fees allowed $25,000 plus HST $3,750 (total $28,750), the trust ordered to pay the taxed amount from the life insurance proceeds, and Brandon Ewing ordered to indemnify the trust and personally pay the taxed and allowed sum on a solicitor-client basis.

Court Disposition

Partially allowed: legal fees and disbursements substantially reduced and allowed; trust ordered to pay the taxed amount; wrongdoer trustee ordered to indemnify and pay the taxed amount.

Orders

  • Legal fees taxed and allowed at $25,000.00 plus HST $3,750.00 (total $28,750.00).
  • The taxed and allowed amount is to be paid by the Trust from the proceeds of the life insurance policies of the late Marcel Brooks.