Law360 Canada ( February 13, 2023, 8:55 AM EST) -- Application by the plaintiffs seeking an order removing the defendant as executor of the estate and replacing him with the plaintiffs. In the alternative, they sought leave to commence an action on behalf of the estate to have the properties returned to it under a resulting trust claim. They also sought an interlocutory injunction regarding the real properties held by the defendant. The defendant alleged the Kalum Property and McCallum Property were gratuitous transfers to him without contribution by the deceased and advanced a claim that they were subject to a resulting trust. The plaintiffs alleged their deceased father had poor hearing, spoke only broken English, understood only limited English and was unduly influenced by the executor. As the properties were the main assets of their father and passed outside of the estate, the value of the estate itself was small. They also alleged the defendant took no steps to probate the estate of the deceased. The defendant filed a response to civil claim asserting that the deceased and his late wife were competent and had independent legal advice with respect to the transactions involving the Kalum Property and McConnell Property....