Commercial and Estate Litigation Blog
Death Of Litigant And Unwanted Lawsuit

Death of a Party and the Unwanted Lawsuit

In our last blog, we reviewed the procedural steps that need to be taken upon a litigant’s death and what steps a litigant’s executor must take in order to continue a lawsuit. But what happens if a litigant’s executor (the “Trustee”) (and/or the beneficiaries) has a sober second look at the lawsuit and decides that the deceased litigant’s case is not particularly strong and they don’t want to obtain an order to continue with the proceeding?
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Trustee Compensation

Are trustees entitled to take interim compensation?

Under Ontario law, all fiduciaries, including estate trustees, have a right to compensation for their time and efforts. This right is derived from the common law, statute, and the instrument creating or governing the relationship, such as a will or continuing power of attorney (as the case may be). However, the question of when a fiduciary is entitled to compensation depends on several factors. In examining this question, this blog will examine the statutory framework for compensation of attorneys and trustees, the common law rule against “pre-taking” compensation and its exceptions, and the consequences that may arise from breach of the rule.
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Rules To Collapse A Trust

Understanding and Applying the Rule to collapse a Trust

There is a tension between the two sometimes conflicting goals of protecting testamentary freedom and permitting sui juris beneficiaries to enjoy their property without undue restrictions. Testamentary freedom is a hallmark of the common law in democratic societies that support the rule of law and property rights generally. Accordingly, testators are, for the most part, legally entitled to dispose of assets as he or she wishes.
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Evidence

Can a trustee be removed without evidence of bad behaviour?

It is reasonably easy to imagine many of the possible reasons for which a trustee or executor may be removed from their position by the Court. Perhaps he appropriated trust property for his own benefit, delayed in taking the steps necessary to administer the trust or estate, failed to account for trust property, or was otherwise clearly incompetent in the role.
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Disagreement Executors

Does friction between co-executors warrant removal?

The friction between Peter and Michael was long standing and intense. While the reported case does not specifically say so it appears that the arguments over their mother’s investments was just another platform of expression for their mutual animus. While Peter may have been the executor of his grandfather’s estate Michael was his mother’s litigation guardian.
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