Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
Canada decisions
Decisions matching the current search
The court dismissed Miles Derco’s and Holly/Barry Derco’s removal applications except to pass over John Barry Derco, finding a perceived conflict tied to a $50,000 debt in the will.
The court passed an estate administrator’s accounts summarily, fixed remuneration at $145,000 less amounts already taken, excused pretaking under Trustee Act s. 96, and discharged him.
The court held an executor must remain neutral in a wills variation proceeding and cannot be directed to actively defend a will by depleting the estate.
Application for advice and directions in an estate dispute. The court held the Rental Property was a specific devise, so any sale proceeds did not fall into residue.
The court held that the will’s charging clause did not apply to the non-professional executor, so any remuneration was limited to the statutory allowance under the Trustee Act.
The court held that a $1 million estate advance to the life beneficiary was not a proper exercise of the encroachment power and had to be accounted for.
The court ordered an interim passing of accounts for the judicial trustee but refused to use the trust fund to finance separate negligence and fiduciary duty actions.
The court held that a $20,000 payment to a class member was a partial repayment of a mortgage investment and allowed equitable set-off against other sums owed.
Explore more
