Staples v. Jean – Court of Appeal Confirms Dismissal of Motion to Remove Estate Trustee
Counsel to the respondent in an appeal of the lower court’s order declining to remove the respondent as estate trustee and affirming her interpretation of a hotchpot clause in the deceased’s wills
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On May 25, 2026, Peter Askew was successful at the Court of Appeal for Ontario in Staples v. Jean, 2026 ONCA 369, where he acted for Tiffany Jean in her capacity as Estate Trustee.
The lower court dismissed the applicants’ application to remove Ms. Jean as Estate Trustee and accepted her interpretation of the hotchpot clause in the deceased’s wills (rejecting the applicants’ interpretation). The Court of Appeal unanimously upheld the order of the lower court, reaffirming the high threshold required to remove an estate trustee, finding no basis to interfere with the lower court’s interpretation of the hotchpot clause (as conceded by the appellants on appeal), and rejecting the appellants’ efforts to introduce new issues on appeal that were not before the lower court.
The appeal was dismissed with costs awarded in favour of Ms. Jean and other respondents.
Miller Thomson acted for Tiffany Jean with a team lead by Peter Askew (Estates & Trusts).