What factors will the court consider in determining whether to order a passing of accounts in the absence of an attorney?
Ontario, Canada
The following excerpt is from Greaves v Nigro, 2016 ONSC 44 (CanLII):
In Ali v. Fruci, the court considered factors included (a) the age of the donee, (b) the donee’s capacity, (c) the attorney’s refusal to inform the applicants of the particulars of their actions, (d) the attorney conduct to prohibit or limit contact with the donee and the applicant or other family members, and (e) an amendment of testamentary documents in favour of the attorney to determine whether it would be reasonable to order a passing of accounts.
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