How have courts considered the conduct of an executor/trustee in determining compensation and costs?

Manitoba, Canada


The following excerpt is from The Estate of Mary Margaret Bos, 2012 MBQB 173 (CanLII):

Consideration of the executor/trustee’s conduct in determining issues such as compensation and costs is by no means a new phenomenon. For example, in Sandford v. Porter, [1889] O.J. No. 43, the Ontario Court of Appeal per Maclennan J.A. commented on the general duties of an executor or trustee as follows, at para 21: 21 The duty of a trustee or other accounting party is to have his accounts always ready, to afford all reasonable facilities for inspection and examination, and to give full information whenever required; . . . But every case must depend on its own circumstances, and must be governed by reason and common sense. . . . (emphasis added)

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