In what circumstances will a judge order special costs against an executor who has been found to have mismanaged an estate?
British Columbia, Canada
The following excerpt is from Re: Estate of Walter L. Kemp and Strain v. Kemp et al, 2006 BCSC 58 (CanLII):
In the case of Szpradowski v. Szpradowski Estate (1992), 4 C.P.C. (3d) 21, 44 E.T.R. 89 (B.C.S.C.), the executor was found by Justice Thackray to have, “taking of money out of an estate over which you are executor, using it for your own purposes, setting an interest rate that is inappropriate, and pre-taking remuneration”. On this basis, Justice Thackray ordered special costs be payable against the executor.
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