Beacon Hill Park Trust (Re)

Beacon Hill Park Trust (Re)

The Crown Grant (Right of Entry) creating the Beacon Hill Park Trust is a conveyance/instrument to be interpreted as a contractual grant under the principles in Sattva; applying those principles to the Trust wording 'for the use, recreation and enjoyment of the public' the court concluded that 'use' must be read as limited to activities of recreation and enjoyment consistent with the park's nature and character and does not include permitting temporary sheltering or encampments by persons experiencing homelessness; therefore the Trust does not permit such sheltering.

Citation
2022 BCSC 284
Parties
Petitioner / Trustee: Corporation of the City of Victoria; Settlor / Respondent: Her Majesty the Queen in Right of British Columbia; Respondent / Guardian of Public Interest: Attorney General of British Columbia; Respondent / Interested Public Group: Friends of Beacon Hill Park Society; Respondents / Individuals Sheltering in the Park: Shea Smith and Dennis Davies; Respondent / Public Advocacy Group: Together Against Poverty Society
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
24 February 2022
Procedural Posture
Reference Under Trustee Act S.86 / Reasons for Judgment (in Chambers)
Outcome
Answer to petition: No — Beacon Hill Park, as held under the 1882 Trust, may not be used by persons experiencing homelessness for temporary sheltering; the Trust must be interpreted as a contractual conveyance and read to preserve the park's nature for recreation and enjoyment.
Legal Topics
Interpretation of Trust Instruments, Public Park Trusts, Sheltering by Persons Experiencing Homelessness, Trustee Act S.86 References, Costs (public Interest)
Source Language
English
Trusts Property Law Statutory Interpretation Municipal Law Constitutional Law Interpretation of Trust Instruments Public Park Trusts Sheltering by Persons Experiencing Homelessness +2 more

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Parties

Corporation of the City of Victoria

Petitioner / Trustee

Her Majesty the Queen in Right of British Columbia

Settlor / Respondent

Attorney General of British Columbia

Respondent / Guardian of Public Interest

Friends of Beacon Hill Park Society

Respondent / Interested Public Group

Shea Smith and Dennis Davies

Respondents / Individuals Sheltering in the Park

Together Against Poverty Society

Respondent / Public Advocacy Group

Procedural Posture

Reference Under Trustee Act S.86 / Reasons for Judgment (in Chambers)

Legal Issues

  1. 1 Is the Beacon Hill Park Trust a statutory enactment or a contractual conveyance?
  2. 2 What principles govern interpretation of the Trust (statutory or contractual)?
  3. 3 Is the Trust wording ambiguous such that testamentary trust rules apply?

Ratio Decidendi

The Crown Grant (Right of Entry) creating the Beacon Hill Park Trust is a conveyance/instrument to be interpreted as a contractual grant under the principles in Sattva; applying those principles to the Trust wording 'for the use, recreation and enjoyment of the public' the court concluded that 'use' must be read as limited to activities of recreation and enjoyment consistent with the park's nature and character and does not include permitting temporary sheltering or encampments by persons experiencing homelessness; therefore the Trust does not permit such sheltering.

Court Disposition

Answer to petition: No — Beacon Hill Park, as held under the 1882 Trust, may not be used by persons experiencing homelessness for temporary sheltering; the Trust must be interpreted as a contractual conveyance and read to preserve the park's nature for recreation and enjoyment.

Orders

  • Court answers the s.86 reference: Trust does not permit temporary sheltering in Beacon Hill Park.
  • All parties shall bear their own costs; public interest special costs denied.