Kelly Santini Successfully Defends Application to Remove Estate Trustee
Kelly Santini’s J.P. Zubec recently achieved a successful result in a complicated estate litigation case. J.P. represented a co-estate trustee who was being accused by another co-estate trustee of owing debts to the estate that totaled approximately $1M. The co-estate trustee making the accusations brought an Application to the Superior Court of Justice to remove our client as an estate trustee, and to get directions to pursue the alleged claims against our client. J.P. successfully defended the Application to remove our client as an estate trustee by arguing that our client had complied with his fiduciary duties as trustee. He also successfully removed the Applicant (the co-estate trustee making the accusations) as an estate trustee of the estate by demonstrating that she had unreasonably obstructed the administration of the estate for three years. In addition, J.P. demonstrated that the financial claims being advanced against our client would be time-barred. The judge adjourned the motion for directions and warned the co-estate trustee to think twice before pursuing the claim. The co-estate trustee was also cautioned by the court about proceeding with her alleged claims due to a lack of evidence to support the claims. The successful outcome was achieved after multiple court appearances and two written decisions: Kasanda v. Sartarelli, 2022 ONSC 185 (CanLII) and Kasanda v. Sartarelli, 2023 ONSC 4400 (CanLII).