Kelly Santini’s JP Zubec secured a major victory for his client in Reid v. Cote et al., 2025 ONSC 6542, a complex proceeding that blended elements of both shareholder oppression and estate litigation.

The dispute centred on the estate of a successful businesswoman, which included a corporate and trust structure that involved multiple companies, layered share classes, and millions in assets. At issue was the conduct of an individual who simultaneously held roles as executor, trustee, and director—and whose exercise of discretionary authority had come under serious scrutiny.

At the start of the proceedings, JP obtained an order freezing the relevant assets. At the hearing, he successfully demonstrated that the Respondent had improperly exercised his discretion by redirecting corporate shares for the benefit of his own children, contrary to the Deceased’s clear estate plan.

The Court found a pattern of fiduciary breaches, including:

• Hidden asset transfers
• Incomplete and inaccurate accounting
• Failures to provide proper disclosure
• Non-compliance with prior Court Orders

As a result, the Superior Court removed the Respondent from all fiduciary roles and voided the improper transfers—including the transfer of approximately half of the common shares in one of the companies. The Respondent was also ordered to personally pay more than $112,000 in substantial-indemnity costs to JP’s client.

If you are facing trustee misconduct, shareholder disputes within an estate, or complex blended-family conflict, the team at Kelly Santini LLP can help you protect your rights and your legacy.