The lawyers at Mills & Mills LLP are pleased to report success on a motion for directions seeking the opinion, advice, and direction of the Court pertaining to the sale of a commercial property in Eisenstein v Joel, 2022 ONSC 4104.
The firm’s estate litigation associate, Garrett Horrocks, represented the firm’s managing partner, David A.S. Mills, in his capacity as Estate Trustee During Litigation (“ETDL”) of the Estate of the late Rena Eisenstein, seeking directions regarding the sale of a commercial property in Toronto. The two beneficiaries of Rena’s estate disagreed on whether the sale of the commercial property ought to proceed on the terms negotiated by the ETDL, and whether the ETDL had acted in accordance with his fiduciary obligations in the marketing of the property for sale.
The Court held that Mr. Mills, as ETDL, had acted honestly, in good faith and with integrity, and in the best interests of the beneficiaries, and ordered that the sale of the commercial property in question was to proceed in accordance with the terms negotiated by him.
Mr. Mills regularly acts in a representative capacity on behalf of estates and trusts whether in the midst of contentious litigation or not and is often recommended to act in such a capacity by members of the Toronto estates bar and beyond. Mr. Horrocks maintains a broad estate litigation practice advising fiduciaries, beneficiaries, dependants, spouses, and other parties on matters pertaining to wills, estates, and trusts, including will challenges, support claims, and passings of accounts, among others.
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