J.M.B. v. B.J.B.

J.M.B. v. B.J.B.

Because the trustee stated an intention to wind up the trust and the facts relevant to the claimant's application had materially changed, the existing application could not properly be decided on its present record and must be deemed withdrawn so the claimant can bring a new application reflecting current facts; the...

Source-derived case information.

Citation
2020 BCSC 775
Parties
Claimant: J.M.B. also known as M.B.; Respondent (husband): B.J.B.; Respondents (trustees): B.B. and G.B., in their capacities as trustees of the B. Family Trust
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
22 May 2020
Procedural Posture
Family Law (trust Dispute) / Pre Trial Interlocutory Application for Production of Trust Documents and Business Valuation; Application Heard in Part and Adjourned Due to COVID 19
Outcome
Claimant's existing application deemed withdrawn; directions issued for refiling and case management
Legal Topics
Production of Documents, Trust Wind Up, Business Valuation, Discretionary Trust, Amendment of Pleadings, Adjournment Due to COVID 19
Source Language
english
Family Law Trusts Civil Procedure Production of Documents Trust Wind Up Business Valuation Discretionary Trust Amendment of Pleadings +1 more

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Parties

J.M.B. also known as M.B.

Claimant

B.J.B.

Respondent (husband)

B.B. and G.B., in their capacities as trustees of the B. Family Trust

Respondents (trustees)

Procedural Posture

Family Law (trust Dispute) / Pre Trial Interlocutory Application for Production of Trust Documents and Business Valuation; Application Heard in Part and Adjourned Due to COVID 19

Legal Issues

  1. 1 Whether the claimant's application for production of trust documents and appointment of a business valuator should proceed in light of the trustee's stated intention to wind up the trust
  2. 2 Whether the existing application should continue or a new notice of application is required because facts have changed
  3. 3 Whether the claimant may be permitted to amend the notice of family claim to add parties and claims at this stage

Ratio Decidendi

Because the trustee stated an intention to wind up the trust and the facts relevant to the claimant's application had materially changed, the existing application could not properly be decided on its present record and must be deemed withdrawn so the claimant can bring a new application reflecting current facts; the court issued specific case management directions including waiver of a filing fee and directions on sequencing of related applications, subject to COVID-19 notices.

Court Disposition

Claimant's existing application deemed withdrawn; directions issued for refiling and case management

Orders

  • The claimant's application is deemed to be withdrawn
  • The claimant is at liberty to file a new notice of application and may file further affidavits in the usual way