On September 9, 2021, the Superior Court ordered the payment of a liquidator’s legal fees by the Estate in the context of a litigation during the liquidation process.
Following the passing of a loved one, three people were designated as liquidators of the Estate. One of them, our client, alleges that she has been gradually excluded from the liquidation process and, therefore, needed legal advice and representation before the court. The two other liquidators objected to the payment of the legal fees by the estate on the basis that she was in a conflict of interest and did not need independent representation from them.
A Motion for Safeguards regarding the payment of our client’s legal fees by the Estate was filed, which was granted by the Court. As a liquidator, our client has a legal obligation to be represented and it was no longer possible for her to act alongside the other two liquidators. Furthermore, she did not commit any wrongdoing and never acted in bad faith.
A Fasken team composed of Antoine Aylwin and Marie-Ève Labonté successfully represented the liquidator in connection with this matter.
Jurisdiction
- Québec
