Ontario civil | Estates and Trusts | Trustees | Practice and procedure
Passing of accounts. Incapable person had four children. In 2015, daughter C was appointed guardian for personal care, son M was appointed litigation guardian, and trust company was appointed guardian for property. Original court order required trust company to pass accounts for period from April 2015 to June 2017. C and incapable person's son P appealed appointment of trust company, then unsuccessfully sought leave to appeal dismissal to Supreme Court of Canada. C and P filed notice of objection in present passing of accounts, seeking again to have trust company removed as guardian for property and M removed as litigation guardian. Motion for directions was brought to determine issues of standing and whether appointments of guardian for property and litigation guardian were proper issues to address in passing of accounts. Motion granted. P was vexatious litigant and did not have standing to participate in passing of accounts, and his notice of objection was struck. Given nature and closeness of C's relationship with mother, C was granted standing to participate. Passing of accounts was not to be used as collateral attack on previous court orders.
BMO Trust Company v. Childs (2019), 2019 CarswellOnt 6360, 2019 ONSC 2637, C.T. Hackland J. (Ont. S.C.J.).
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