In the Estate of Joan R. McAteer, deceased – Accountability when Undertaking a Fiduciary Position

In the Estate of Joan R. McAteer, deceased, 2025 https://canlii.ca/t/k9n83

In the Estate of Joan R. McAteer, deceased,[1] concerned the Estate of Joan McAteer (the “Deceased”) and an accounting sought against two of her children, Linda McAteer and Susan Bird.

The applicant, another one of the Deceased’s children John McAteer, sought an accounting from the respondents for the period during which they acted as attorneys for property for the Deceased. The applicant also sought production of documents related to corporations in which the Deceased held interests and transactions were conducted when her attorneys for property acted for her.

Justice Myers did not grant leave for the applicant to require the respondents to pass their accounts for the time they acted under powers of attorney. His Honour noted the following:

[5] I am very concerned about proportionality and the risk that accounting inquiries can amount to expensive fishing expeditions. The applicant does not yet have leave to require the respondents to pass their accounts for the time when they acted under powers of attorney. Leave is required under s. 42 (4)6 of the Substitute Decisions Act, 1992, SO 1992, c 30.

[6] I am also sympathetic to the possibility that the respondents might have complete answers to the request for leave.

The court did however order the production of relevant documents sought by the applicant. His Honour stated that all of the documents sought were part and parcel of a proper accounting and relevant. The court ultimately emphasized the importance of transparency and accountability for fiduciaries, highlighting that:

[20] Accountability is the price of undertaking a fiduciary position. Attorneys for property must be prepared to account for their activities to show that they acted solely in the best interest of their principal and that they engaged in no self-dealing or conflicts of interest in violation of their fiduciary duties.

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[1] In the Estate of Joan R. McAteer, deceased, 2025 ONSC 1197.

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