Hockney v. Kneeland: Compelling an Estate Trustee to Pass their Accounts

Hockney v. Kneeland, 2025 https://canlii.ca/t/k9rk7

In Hockney v. Kneeland (“Hockney”),[1] an application was brought to compel an Estate Trustee to pass their accounts and complete the administration of the Estate.

Hockney concerned the Estate of Mary Jane Hockney (the “Deceased”) who died in 2014. The Deceased made a Last Will and Testament appointing Mary Jane Kneeland (“Ms. Kneeland”) as her Estate Trustee. Ms. Kneeland prepared the Deceased’s Will and is licensed by the Law Society to practice law in Ontario.

The assets of the Deceased consisted of approximately $255,000. For more than a decade, Ms. Kneeland held Estate funds in trust for the beneficiaries and refused to account. Between 2014 and 2022, Ms. Kneeland sent various sporadic reporting letters and emails to the beneficiaries, advising of purported delays in the administration of the Estate. In 2017, Ms. Kneeland provided the beneficiaries with cheques of $15,000 each, which totalled $105,000.

The beneficiaries of the Estate raised concerns about the lack of communication and delay in the administration of the estate. The Law Society of Ontario cautioned Ms. Kneeland about her communication, delay, and practice management, but no further action was taken. Notwithstanding, in a written undertaking in February 2022, Ms. Kneeland committed to complete the estate administration by no later than June 30, 2023. This did not occur, and she was not heard from since October 2022.

In September 2024, the beneficiaries commenced an application to require Ms. Kneeland to account. Extensive efforts were made to serve Ms. Kneeland including eight unsuccessful attempts. The court was however satisfied that she was duly served.

Justice Myers of the Ontario Superior Court was incensed at the prolonged delay and lack of accountability from Ms. Kneeland. His Honour noted how Ms. Kneeland had evaded service and has not attended the proceedings, despite being duly notified. Accordingly, the court ordered Ms. Kneeland to commence an application to pass her accounts as Estate Trustee by no later than April 30, 2025, and emphasized that she should expect strict enforcement of the order.

Hockney emphasises the strict fiduciary duties and obligations that an Estate Trustee is held to, not least among them the duty to account and to always act in the best interests of the beneficiaries.

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[1] Hockney v. Kneeland, 2025 ONSC 1309.

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