Termination of Trusts: Saunders v Vautier

Termination of Trusts: Saunders v Vautier

Ward v Roberts 2017 BCSC 1768 allowed the termination of a trust on the basis that there was no ” gift over” and thus it violated the rule in Saunders v Vautier. The deceased executed a will in 2009 that provided that placed equal share… Read more

Breach of Trust: "Knowingly Participating"

Breach of Trust: “Knowingly Participating”

In Scoretz v Kensam Enterprises Ltd 2017 BCSC 1356 a director of a corporate bare trust was found liable for damages for “knowingly participating” in the breach of trust by failing to deliver shares held in trust . The court found that it is clear… Read more

The Liability and Duties of a Trustee of Bare Trust

Bare Trusts

Scoretz v Kensam Enterprises Inc 2017 BCSC 1356 was an action for breach of trust brought by the beneficiary of a bare trust  and discusses the liability and duties of a trustee of a bare trust. The Court found that the trustee was liable in… Read more

Validity vs. Administration of a Trust

Validity vs. Administration of a Trust

Tyrell v Tyrell 2017 ONSC 4063 dealt with a jurisdictional case as to whether the  Supreme Court of Ontario had jurisdiction to deal with the administration of a trust as opposed to the validity of a trust. The court found that the test is whether… Read more

Trustee Personally Liable For Trust Contract

Trustee Personally Liable For Trust Contract

In Johnson v North Shore Yacht Works Corp. 2017 BCSC 1229 the court held that a trustee of a trust was personally liable for a contractual debt that was entered into by the trust.  The case concerned responsibility for the costs of repairs carried out… Read more

Beneficiary Trusts in Leasehold Estates

Beneficiary Trusts in Leasehold Estates

Pallot v Douglas 2017 BCCA 254 discusses the interest of a beneficiary of a trust in a decision that held that the beneficiary of a leasehold interest in a trust does not have the standing to partition the property and force a sale. This is… Read more

Fiduciary Duties: The Rules on Profit

The Profiteering Fiduciary

Fiduciaries must account for their handling of trust properties to the trust beneficiaries, and are not allowed to profit from being a fiduciary other than being paid reasonable fees for services rendered. Equity compels a fiduciary to hold and manage trust property on the terms… Read more

Trusts: The Certainty of Intention

Trusts: The Certainty of Intention

In order to create a valid trust the  “three certainties” must be present- the certainty of the intention to  impose enforceable trust obligations on the trustee, the certainty of the subject matter to be included in the trust and the certainty of objects, a clearly… Read more

Qualified Disability Trusts in B.C.

Qualified Disability Trusts in B.C.

Reprinted with the kind permission of the following presenters who are experts in Disability law. PRESENTED BY: KEN M. KRAMER, Q.C., PRINCIPAL & SENIOR ASSOCIATE COUNSEL KMK LAW CORPORATION & HALLDOR K. BJARNASON, BARRISTER & SOLICITOR ACCESS LAW GROUP TRENDS IN BC’S DISABILITY LANDSCAPE As of August 2015, there… Read more

The Principles of Interpreting a Contract

The Principles of Interpreting Contracts

Dusanjh v Wright Estate 2017 BCSC 340 sets out the law relating to interpreting contracts when there is an ambiguity as to it’s meaning. The children of the deceased brought a petition that argued the deceased had established a trust in their favour and the court… Read more

The Various Types of Trusts

The Various Types of Trusts

Warde v Slater 2017 BCSC 274 contains a discussion about the various types of trusts in deciding who owned the beneficial interest in the shares of a family business. The decision quotes extensively from Waters on Trusts In Canada. It is helpful to refer to… Read more

Discretionary Trusts

Discretionary Trusts

A (S) v Metro Vancouver Housing Corp. 2017 BCCA 2 was a case involving how much information was required to be provided by the recipient of discretionary trusts in order to qualify for subsidized housing. The case included an excellent discussion of what a discretionary… Read more

Tracing Converted Assets

Tracing Converted Assets

Converted assets can be traced and reclaimed under certain circumstances if they can be identified. For example a bank account of cash can be converted into a stock portfolio which in turn is used to buy a house that is subsequently sold and put into… Read more

Breach of Trust

A breach of trust occurs when the trustee’s duty to act precisely within the terms of his obligations is not fulfilled.  If he fails in this, it is of no significance that he or she had no intention of departing from his duty. Trustees have been… Read more

Separation Agreement and Constructive Trust

In Schiller-Arsenauult v Proudman 2015 BCSC 1924 , the deceased after her divorce overlooked changing her designated beneficiary of her insurance policy from her ex husband to her sister, who was also the residual beneficiary of her will. The Court found that the ex husband in… Read more