Ziprick v. Simpson Estate

Ziprick v. Simpson Estate

The court accepted third‑party reconciliations as the operative accounts under its Rules discretion given the trust's unique history and the Trustee's long non‑collection practice; found $43,228.33 held in trust with 50% ($21,614.16) attributable to the Simpson Trust and 50% to the Estate; approved reimbursement of administrator legal expenses up to $34,430 as an estate debt subject to deduction of costs payable by defendants in the injunction proceeding and ordered $21,614.16 retained as security pending assessment; ordered discharge of Trustee and Administrator effective July 13, 2017 with a limited release preserving claims for bad faith, wilful misconduct or gross negligence; stayed...

Citation
2017 BCSC 1648
Parties
Plaintiff/petitioner/beneficiary: Maureen Patricia Ziprick; Plaintiff/petitioner/beneficiary: Leona Anastasia Simpson; Plaintiff/petitioner/beneficiary: Karen Beverley Simpson; Plaintiff/defendant/beneficiary: Roberta Lynn Simpson-Alec; Administrator/defendant/plaintiff: James Gilchrist; Trustee/respondent/defendant: KPMG LLP; Defendant/beneficiary: Glen Shea Simpson; Defendant/beneficiary: Dillon Simpson; Defendant/developer: Braunfel Engineering & Construction Ltd.; Defendant/developer: 662777 B.C. Ltd.; Estate/respondent: Estate of Herbert Edward Simpson
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
18 September 2017
Procedural Posture
Multiple Consolidated Civil Proceedings: Trust and Estate Administration, Discharge of Trustee and Administrator, Injunction Proceedings / Reasons for Judgment Following Hearing; Discharge Ordered (effective July 13, 2017); Determination of Passing of Accounts and Terms of Discharge
Outcome
Applications granted in part: Trustee and Administrator discharged; passing of accounts approved based on third‑party reconciliations; specified monetary determinations and procedural restraints ordered
Legal Topics
Discharge of Trustee, Passing of Accounts, Fiduciary Duty, Leave to Commence or Continue Claims, Trust Administration, Estate Administration, Court Appointed Officer Releases, Conflict of Interest
Source Language
English
Trusts and Estates Civil Procedure Property Law Equity Injunctions Discharge of Trustee Passing of Accounts Fiduciary Duty +5 more

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Parties

Maureen Patricia Ziprick

Plaintiff/petitioner/beneficiary

Leona Anastasia Simpson

Plaintiff/petitioner/beneficiary

Karen Beverley Simpson

Plaintiff/petitioner/beneficiary

Roberta Lynn Simpson-Alec

Plaintiff/defendant/beneficiary

James Gilchrist

Administrator/defendant/plaintiff

KPMG LLP

Trustee/respondent/defendant

Glen Shea Simpson

Defendant/beneficiary

Dillon Simpson

Defendant/beneficiary

Braunfel Engineering & Construction Ltd.

Defendant/developer

662777 B.C. Ltd.

Defendant/developer

Estate of Herbert Edward Simpson

Estate/respondent

Procedural Posture

Multiple Consolidated Civil Proceedings: Trust and Estate Administration, Discharge of Trustee and Administrator, Injunction Proceedings / Reasons for Judgment Following Hearing; Discharge Ordered (effective July 13, 2017); Determination of Passing of Accounts and Terms of Discharge

Legal Issues

  1. 1 Whether the Trustee's and Administrator's accounts should be summarily passed
  2. 2 What funds remain in trust and the correct apportionment between the Simpson Trust and the Estate
  3. 3 Whether the Administrator is entitled to reimbursement of legal expenses

Ratio Decidendi

The court accepted third‑party reconciliations as the operative accounts under its Rules discretion given the trust's unique history and the Trustee's long non‑collection practice; found $43,228.33 held in trust with 50% ($21,614.16) attributable to the Simpson Trust and 50% to the Estate; approved reimbursement of administrator legal expenses up to $34,430 as an estate debt subject to deduction of costs payable by defendants in the injunction proceeding and ordered $21,614.16 retained as security pending assessment; ordered discharge of Trustee and Administrator effective July 13, 2017 with a limited release preserving claims for bad faith, wilful misconduct or gross negligence; stayed...

Court Disposition

Applications granted in part: Trustee and Administrator discharged; passing of accounts approved based on third‑party reconciliations; specified monetary determinations and procedural restraints ordered

Orders

  • Trustee KPMG LLP and Administrator James Gilchrist discharged effective July 13, 2017
  • Third‑party reconciliations accepted as the Trustee's and Administrator's accounts for the purpose of passing accounts