安大略省上訴法院裁定，遺產機構有義務揭露受訴訟財產的轉讓情況，因此無法支付 19 萬加幣的費用賠償金。 法院獲悉，在費用令發出後，遺產受託人和唯一受益人已將相關資產（大量土地）以個人身分轉讓給自己。 他沒有透露該地塊已轉讓，因此不再屬於該遺產的事實。 法院允許上訴，並根據《民事訴訟規則》修改了費用令，使遺產受託人承擔連帶責任（Herold Estate v Curve Lake First Nation，2024 ONCA 299）。 Hull & Hull 律師事務所評論道：「本案對遺產受託人來說是一個寶貴的警告——如果受託人拿走訴訟重點中的資產，遺產受託人可能要承擔針對遺產的費用裁決。」

CONTENTIOUS ESTATES: Canadian court rules estate had duty to disclose transfer of assets during litigation

The Ontario Court of Appeal has found that an estate had a duty to disclose the transfer of property subject to litigation, leaving it unable to pay a CAD190,000 costs award. The court heard that after the costs order had been made, the estate trustee and sole beneficiary had transferred the assets in question (a lot of land) to himself in a personal capacity. He did not disclose the fact that the lot had been transferred and was therefore no longer owned by the estate. The court allowed the appeal and varied the costs order under the Rules of Civil Procedure to make the estate trustee jointly and severally liable (Herold Estate v Curve Lake First Nation, 2024 ONCA 299). “This case serves as a valuable warning to estate trustees – an estate trustee could be held liable for a costs award issued against an estate if that trustee takes the asset which is the focus of the litigation,” commented law firm Hull & Hull.

Sources:
CanLII
Hull & Hull
All About Estates