In what circumstances have courts found that a beneficiary under a power of attorney's will has standing to bring an action to obtain an accounting from his sister?
Ontario, Canada
The following excerpt is from Papak v. Papak, 2010 ONSC 1569 (CanLII):
Similarly, in Cornacchia v. Cornacchia, [2007] O.J. No. 157 (S.C.J.), the plaintiff, a beneficiary under her mother’s Will, sought an accounting from her sister who acted as attorney pursuant to her mother’s power of attorney and trustee of her mother’s Will, respecting the sale of the mother’s home prior to her death. In the context of a summary judgment motion brought by the estate trustee to strike the statement of claim and dismiss the action, the court dismissed the motion and held that the plaintiff had standing to bring the action and that passing of accounts was a proper procedure for having an accounting under the Substitute Decisions Act.
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