Thompson v. Watson et al., (1999) 96 O.T.C. 156 (GD)

• Judge: Sheard, J.
• Court: Ontario Court of Justice General Division (Canada)
• Case Date: January 29, 1999
• Jurisdiction: Ontario
• Citations: (1999), 96 O.T.C. 156 (GD)

Thompson v. Watson (1999), 96 O.T.C. 156 (GD)

MLB headnote and full text

Temp. Cite: [1999] O.T.C. TBEd. AP.171

In The Matter Of the Estate of the late Helen Sophia Ezard

Clara Thompson (plaintiff) v. Robert H. Watson and the Hospital for Sick Children Foundation (defendants)

(File No. 518/96)

Indexed As: Thompson v. Watson et al.

Ontario Court of Justice

General Division

Sheard, J.

January 29, 1999.

Summary:

Ezard died, leaving her estate to the Sick Children Foundation. Ezard's only heir, Thompson, sought an order that Ezard lacked testamentary capacity and died intestate and that Thompson was entitled to Ezard's estate. The parties settled, agreeing that Thompson and the Foundation would share equally in the estate. The public guardian trustee (PGT), that managed Ezard's estate, refused to release the estate to the parties unless they sought probate or letters of administration of the will (Public Guardian and Trustee Act, s. 10). Thompson, moved for order approving the minutes of settlement and directing the PGT to transfer Ezard's property to the Foundation's solicitors. The PGT opposed the motion, seeking to amend the minutes of settlement to require the appointment of an estate trustee to receive the funds on the deceased's behalf.

The Ontario Court (General Division) allowed Thompson's motion. The PGT should have made delivery pursuant to the minutes of settlement. The PGT was entitled to require justification and authority for delivering the property. Proof of the property's ownership was sufficient justification and authority. Section 10 did not deal with this situation.

Guardian and Ward - Topic 803

Public trustee or guardian - General - Legislation - See paragraphs 1 to 15.

Guardian and Ward - Topic 874.1

Public trustee or guardian - Powers - Respecting estate matters - See paragraphs 1 to 15.

Guardian and Ward - Topic 1042

Duties and powers of guardian - Respecting ward's estate - Distribution of estate - See paragraphs 1 to 15.

Cases Noticed:

Granovsky et al. v. Ontario (1998), 53 O.T.C. 375 (Gen. Div.), refd to. [para. 11].

Statutes Noticed:

Public Guardian and Trustee Act, R.S.O. 1990, c. P-51, sect. 10 [para. 6].

Counsel:

Heather A. Laidlaw, for the plaintiff;

Brad Hanna, for the defendant, the Hospital for Sick Children Foundation;

Paul Martial, for the Public Guardian and Trustee.

This motion was heard on January 29, 1999, by Sheard, J., of the Ontario Court (General Division), who delivered the following decision on the same day.