Archive for the ‘Passing of trustees’ and executors’ accounts’ Category

Passing of Accounts – Best Practices

Monday, April 29th, 2013

On April 24, 2013, the Law Society of Upper Canada  held a seminar on Best Practices for Passing of Accounts Applications by Fiduciaries, chaired by Justice Whitaker.  I presented at this event on the topics of Proportionality, Summary Judgments  and Simplified Procedures.  The seminar presented a good opportunity for members ...

Feathering Your Own Bed

Monday, January 21st, 2013

I recently came across two passing of accounts cases that I thought were worth sharing.  In Re Ronson Estate, 2000 CarswellOnt 1299 (ONSC), Mrs. Workman had been caring for her father before his death.  Mrs. Workman’s sister, Mary, applied to compel Mrs. Workman to pass her accounts after he died.  Mary ...

When will an Estate Trustee Be Ordered to Pay Punitive Damages?

Thursday, January 3rd, 2013

In the recent decision in Walling v. Walling, Justice Pierce considered the question of whether punitive damages were appropriate in an action by two nephews against their uncle, who had acted as the estate trustee of their father’s estate. The father died when the boys were 16 and 12.  The two ...