Estate Litigation Blog
Uncertainty over trustee reimbursement
by Elizabeth Bozek, Published: March 01, 2012
Tags: accounts, estates, felice kirsh, trusts, trusts and estates toronto, wills
Felice Kirsh and Elizabeth Bozek co-authored an article published in the March 2, 2012 edition of The Lawyers Weekly. In "Uncertainty over trustee reimbursement", the correctness of the decision of the Honourable Justice Lofchik in DeLorenzo v. Beresh, [2010] O.J. No. 4367, where he ordered the estate trustee to repay to the estate funds withdrawn to pay his ongoing legal fees, was called into question. This was because of the unreported leave to appeal motion heard by the Honourable Justice Lococo, who noted that,
“on general principle, it is open to serious debate whether an estate trustee should be ordered to repay legal fees paid by the estate on an interim bass relating to the passing of accounts, including where the accounts are contested by the beneficiaries, as in this case.”
Ms Kirsh was counsel for the estate trustee in the leave to appeal motion.
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