Blais v. Touchet

Blais v. Touchet

The gift to the bishop was charitable by virtue of being to him in his ecclesiastical office; the testator's use of "œuvres" (works/charities) when interpreted in French and read in context shows an intention to confine charitable application to aid French Canadians within the diocese without stepping outside the charitable field; therefore the bequest is a valid charitable trust.

Citation
[1963] SCR 358
Parties
Defendant/appellant (executor and Universal Legatee): Léo Blais, Bishop of Prince Albert; Plaintiffs/respondents: Honoré Touchet and Lucien Touchet
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
1 October 1963
Procedural Posture
Appeal / Supreme Court of Canada Judgment on Appeal From the Court of Appeal for Saskatchewan
Outcome
Appeal allowed; judgment of McKercher J. restored
Legal Topics
Charitable Trust, Gift to Office, Construction of Will, Language Interpretation, Classification of Beneficiary Purposes
Source Language
English
Wills Charities Trusts Estates Charitable Trust Gift to Office Construction of Will Language Interpretation +1 more

Case Brief

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Parties

Léo Blais, Bishop of Prince Albert

Defendant/appellant (executor and Universal Legatee)

Honoré Touchet and Lucien Touchet

Plaintiffs/respondents

Procedural Posture

Appeal / Supreme Court of Canada Judgment on Appeal From the Court of Appeal for Saskatchewan

Legal Issues

  1. 1 Whether a bequest to the Bishop for "œuvres... qui aideraient la cause des Canadiens français dans son diocèse" constitutes a valid charitable trust
  2. 2 Whether limiting the bequest to works aiding French Canadians in the diocese takes the gift outside the charitable field
  3. 3 Whether the bishop took beneficially or as trustee by virtue of his office

Ratio Decidendi

The gift to the bishop was charitable by virtue of being to him in his ecclesiastical office; the testator's use of "œuvres" (works/charities) when interpreted in French and read in context shows an intention to confine charitable application to aid French Canadians within the diocese without stepping outside the charitable field; therefore the bequest is a valid charitable trust.

Court Disposition

Appeal allowed; judgment of McKercher J. restored

Orders

  • Appeal allowed
  • Judgment of McKercher J. restored