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The court granted estate-sale relief, ordering appraisals, sole conduct of sale for two properties, access for sale steps, and indemnity for the applicant.
The application judge's fact findings that the appellant obstructed administration, prioritized personal grievances over estate interests, unilaterally acted without co‑trustees and caused delay and expense were entitled to deference; the respondent acted reasonably relying on professional advice; no legal error or material misapprehension justified appellate intervention, so the removal of the appellant as estate trustee was upheld and the respondent's removal was dismissed.
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The Supreme Court of British Columbia dismissed a wills variation action for want of prosecution after finding inordinate delay, no reasonable excuse, and prejudice to the estate.
The court granted leave under s. 151 WESA to pursue claims about the East 10th Property, medical school funds, and BMO accounts, but refused leave for vehicle claims.
The Court of Appeal dismissed a motion to reopen an appeal in an estate dispute, holding the appellant had not met any threshold for reopening after final order.
The court held that funds in the bankrupt’s Hong Kong account vested in the trustee, rejected the receiver’s and commission’s property claims, and ordered a bankruptcy claims process for IFC investors.
The court authorized an estate administrator to sell a deceased's home, ordered an occupant beneficiary to vacate, and applied equitable set-off to a debt owed to the estate.
The Court allowed the appeal in part, finding the appellant was in a marriage-like relationship with the deceased and entitled to inherit on intestacy under WESA.
The court passed the estate accounts, approved the executor’s remuneration and care and management fees, allowed expenses, and refused costs against the objecting beneficiary.
The photocopied holograph was in the deceased's handwriting but the totality of credible evidence established serious and worsening physical and mental impairments and surrounding suspicious circumstances that rebutted the presumption of testamentary capacity; the applicant failed to prove on a balance of probabilities that the deceased had the requisite capacity and knowledge and approval when the holograph was made, therefore the holographic instrument was not proved and the 2016 formal will (unaffected by May 2018 amendments) stands; application for proof in solemn form is dismissed.
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