Passing of Accounts

Salvador Dali, Melting Clocks, Financial Incapacity, and the Removal of an Attorney for Property!

“If the drawing of the clock was akin to Salvador Dali’s paintings, it would not bode well.” Colourful words from Justice Whitten who relied on the court’s parens patriae jurisdiction to remove an attorney for property. The drawing of an ordinary clock is often administered to determine “intellectual acuity”.  Salvador Dali’s iconic image of a […]

Passing of Accounts

Objections to Trustee Accounts Must Be Specific

In reasons delivered last week in Michipicoten First Nation v. Michipicoten First Nation Community Trust, Justice Varpio emphasized that objections to trustee accounts must be specific.  If objections are too vague, then the objectors run the risk of having their objections struck.  An added risk of delivering vague objections is that the lack of specificity will result

Estate Litigation, Passing of Accounts

Limitation Period Precludes Motion to Set Aside Releases

In the usual litigation battle, a release operates as a “shield” in the sense that if a beneficiary sues an estate trustee, the estate trustee can use the release as a defence.  In Re: Sheard, the estate trustees were able to use signed releases to preclude them from having to pass their accounts for the period

Advice to Executors and Trustees, Estate Litigation, Limitation Period, Passing of Accounts
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