Canada Case Law

Skanes v Skanes Estate

Court

Supreme Court of Nova Scotia

Respondent was removed because he failed to comply with the court's order to file a detailed affidavit accounting and supporting documents, neglected to administer and settle a straightforward estate within seven years of death and six years after probate, used estate funds in his own business creating a conflict of interest with beneficiaries (including minors), and pre-took executor's fees before settlement such that removal and appointment of the alternate executor was necessary to protect beneficiaries; costs were ordered against him personally given his failure to carry out duties.

Source excerpt

• Removal of personal representative
• Accounting and disclosure
• Conflict of interest
• Pre-taking of executor's commission
• Costs and personal liability
• Clearance certificate and tax filings

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Gidda (Re)

Court

Supreme Court of British Columbia

The Supreme Court of British Columbia allowed the Crown’s appeal from a trustee’s disallowance of its secured proof of claim in bankruptcy and ordered the sale proceeds paid to the Crown.

• Deemed secured claims
• Priority of charges
• Registration of federal tax certificates/memorials
• Proof of claim disallowance
• Statutory interpretation
• Costs and personal liability

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