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A passing of accounts case in which several claimed estate disbursements were disallowed and the executor’s remuneration was reduced to $15,000, or 1.5% of the gross estate.
The Court of Appeal dismissed the appeal, refusing to consider new arguments raised for the first time on appeal about an HST gross negligence penalty.
The court found oppressive conduct in the removal of a shareholder-director-employee before the parties’ roles were clarified, and ordered a buyout at fair market value without a minority discount.
The court granted a limited interlocutory injunction on a dental-practice dispute, restraining work at ADC and limiting use of the joint account pending trial.
The court found four related BC actions arose from the same factual matrix and ordered one action converted from a petition, one action consolidated, and all three tried together.
The Court of Appeal set aside a term making a constructive trust subject to an accounting and awarded $100,000 in punitive damages for fiduciary misconduct.
The court dismissed a motion to compel disclosure of a settlement amount, holding that settlement privilege was not displaced by concerns about overcompensation or mitigation.
The court held a trust removal clause was not uncertain, but it was contrary to public policy. The trustee’s removal of a beneficiary was not a breach of duty.
The court excluded an expert report on solicitor standard of care because it failed Rule 11-6 requirements, went beyond the expert’s expertise, and argued the case.
The June 26, 2019 text message was undisputed and contained sufficient knowledge of material facts to permit a plausible inference of liability; therefore Wright discovered his claim on that date, the two‑year limitation had expired when the action was commenced, and the motion judge correctly granted summary judgment under Rule 13.04.
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