Supreme Court

Decision Information

Decision Content

IN THE SUPREME COURT OF NOVA SCOTIA

Citation: Critchley v. Critchley, 2006 NSSC 219

 

Date: 20060707

Docket: S.H. No. 263007

Registry: Halifax

 

 

Between:

Winnifred Harriet Critchley

Applicant

v.

 

Beryl Elizabeth Critchley and John Grave Critchley

Respondents

 

 

LIBRARY HEADING

 

Judge:                   The Honourable Justice Gregory M. Warner

 

Heard:                  June 6 and 7, 2006, in Halifax, Nova Scotia

 

Final Written

Submissions:         June 14, 2006

 

Subject:                Estates                  

 

Issue:          Removal of estate executor

 

Summary:             In 1986 the testator died leaving behind a much younger widow, step-mother to his three grown children and a large investment account.  Income and capital were to maintain his widow for life with the remainder to his three children.  In 1996 the daughter was removed as a trustee leaving the son and step-mother remaining.  In 2000 the investment account took a big hit (it was heavily weighted in technology stocks. 

 


In 2006 the daughter applied to remove her brother and step-mother (age 75) as trustees for failing to act as prudent investors and to replace them with a bankruptcy trustee.  The step-mother asked to be removed.  The son opposes.

 

Result:                  The son failed to invest as a prudent investor and made other mistakes, but no evidence established that the beneficiaries had yet lost as a result of his conduct.  Removal of an executor is a discretionary and rarely used remedy, even when a breach of duty is established.   Balancing the son’s good faith but negligent investments in 2000 against other factors, the Court dismissed the application.

 

 

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