Appellant’s main duty to distribute estate properly and efficiently

Federal appeal | Aboriginal Peoples

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Appellant’s main duty to distribute estate properly and efficiently

Appellant was appointed administrator of estate of uncle, Indian, who died intestate and whose main assets included two undivided parcels of land on reserve. Sixteen years after appellant’s appointment, estate and land remained undivided among heirs. Minister ordered appellant’s removal under s. 43 of Indian Act (Can.), for failure to fulfill duties. Appellant appealed Minister’s decision. Federal Court judge dismissed appeal. Appellant appealed. Appeal dismissed. Federal Court judge carefully assessed facts of case including right of beneficiaries to be in possession of their share of estate and length of appellant’s administration before his removal. Record supported finding of Federal Court judge that Minister had done his best to assist and support appellant. Minister received several complaints from heirs that appellant was aware of. Appellant’s main duty was to distribute estate properly and efficiently. It was reasonable for Minister to conclude that appellant was not discharging his duties and to order his removal as administrator.
Longboat v. Canada (Attorney General) (Oct. 7, 2014, F.C.A., Johanne Trudel J.A., Webb J.A., and Boivin J.A., File No. A-425-13) Decision at 234 A.C.W.S. (3d) 816 was affirmed.  245 A.C.W.S. (3d) 739.

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