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The court granted substantive consolidation of the Conian and BCCE estates for distribution, finding pervasive commingling and no reliable basis to prefer documented lenders.
The court granted a trustee leave to apply under the Patients Property Act after medical evidence suggested the trust beneficiary could not manage his finances.
Master Donaldson found the executrix failed to properly administer and invest estate assets, improperly caused legal fees to be paid from the estate (except those properly incurred to obtain probate), and pre-took advances; he fixed executrix remuneration at a nominal 1%, allowed only $2,495.72 of legal fees to be charged to the estate (probate-related), disallowed other legal fees, ordered repayment of inappropriate charges (including a $500 Air Canada charge and the $21,245 identified in the wills variation judgment), required the executrix to account for interest on misapplied funds and pr…
Source excerpt
The court held the Public Trustee could recover special costs from the infant’s estate and summarily assessed the bill at $12,885.61.
The registrar awarded $1,500 in costs from the bankruptcy estate to the opposing creditor, but refused to make the former trustee personally liable.
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