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The court dismissed cross-applications to remove an estate administrator and to release funds, but ordered disclosure steps and payment of prior costs from the administrator’s share.
The court awarded special costs against Glenda Ann MacIntyre in two estate-related actions, finding a sustained pattern of delay, non-compliance, and willful default.
The court refused to set aside a prior removal order and default judgment in a contested estate administration dispute, finding wilful delay, no prompt application, and no meritorious defence.
The court dismissed an application to remove an estate administrator and appoint a judicial trustee, finding no demonstrated risk to beneficiaries or estate assets.
The administrator's persistent failure to fulfil duties and refusal to vacate the estate property caused unnecessary delay and expense; accordingly specific costs and disbursements arising from that conduct must be borne personally by the former administrator rather than by the estate. The Court taxed and approved the legal accounts and apportioned responsibility: certain proportions of the proctor's and applicants' legal accounts are payable by the estate, with the larger shares payable by the administrator from his distributive share (and personally for any shortfall); Sheriff's fees and pr…
Source excerpt
The Supreme Court of British Columbia revoked letters of administration after finding defective notice and nondisclosure of material estate litigation, and appointed four beneficiaries as substitutes.
The court removed a co-administrator who refused to cooperate in an estate administration unless he was paid first, finding that his conduct stalled the estate.
The Federal Court upheld the Minister’s removal of an estate administrator under the Indian Act, finding the decision reasonable and procedurally fair.
The court found the estate administrator in contempt for transferring estate property to himself and then to siblings, and ordered an accounting, title transfer, and special costs.
A chambers application in an estate dispute struck scandalous and irrelevant allegations about alleged marijuana grow-ops from affidavits and awarded costs to Ms. Kramer.
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