Archive for the ‘Trustee disputes’ Category

In the case of discretion, absolute is not absolute.

Thursday, February 24th, 2011

It is trite to say that once a trustee is appointed and accepts the office, s/he becomes subject to the duties and powers of that office.  A trustee’s liability, in the event that he is found to have breached his/her duties, or exceeded his/her powers, is personal.  A trustee’s risk ...

Is Anyone Listening? Costs and Judicial Resources

Tuesday, February 1st, 2011

How is it possible for five parties to incur $4,435,050.18 of costs essentially on a four day application hearing for the opinion, advice and direction of the court? How is it possible that the majority of those costs would be incurred by two estate trustees? According to Justice Brown in ...