Angus v. Heinze

Angus v. Heinze

Because legal and equitable title to the lands remained vested in the Columbia and Western Railway Company, which was not party to the agreement, the plaintiffs lacked the necessary interest to obtain partition; independently, trustees are not entitled to an interim accounting and partial discharge absent partition or other final determination of the trust or statutory authority.

Citation
(1909) 42 SCR 416
Parties
Plaintiff Appellant: Richard B. Angus; Plaintiff Appellant: Thomas G. Shaugnessy; Plaintiff Appellant: The Columbia and Western Railway Company; Defendant Respondent: F. August Heinze
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
13 December 1909
Procedural Posture
Appeal From Supreme Court of British Columbia / Final Hearing and Judgment in the Supreme Court of Canada
Outcome
Appeal dismissed with costs; judgment of the Supreme Court of British Columbia affirmed.
Legal Topics
Construction of Contract, Right to Partition, Interim Accounting, Partial Discharge of Trustees, Effect of Title Vested in Third Party
Source Language
English
Property Trusts Equity Contract Partition Trustees' Accounting Construction of Contract Right to Partition +3 more

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Parties

Richard B. Angus

Plaintiff Appellant

Thomas G. Shaugnessy

Plaintiff Appellant

The Columbia and Western Railway Company

Plaintiff Appellant

F. August Heinze

Defendant Respondent

Procedural Posture

Appeal From Supreme Court of British Columbia / Final Hearing and Judgment in the Supreme Court of Canada

Legal Issues

  1. 1 Whether plaintiffs had legal or equitable title enabling partition
  2. 2 Whether trustees are entitled to an interim accounting and partial discharge absent final determination or statutory authority
  3. 3 Effect of title remaining vested in a non‑party (the railway company) on available remedies

Ratio Decidendi

Because legal and equitable title to the lands remained vested in the Columbia and Western Railway Company, which was not party to the agreement, the plaintiffs lacked the necessary interest to obtain partition; independently, trustees are not entitled to an interim accounting and partial discharge absent partition or other final determination of the trust or statutory authority.

Court Disposition

Appeal dismissed with costs; judgment of the Supreme Court of British Columbia affirmed.

Orders

  • Appeal dismissed with costs.
  • Judgment of the Supreme Court of British Columbia affirmed.