Re Newton Trust

Re Newton Trust

Under the trust instrument and Tempest principles the court appointed Kip Woodward: the settlor's intent permitted trustees familiar with the family and enterprise, no cogent evidence rebutted the presumption of Woodward's independence or showed his appointment would impede the trust, and there were no special...

Source-derived case information.

Citation
2013 BCSC 799
Parties
Petitioner: Jacqueline Clair Cohen; Respondent: Graham MacKenzie; Trust: Newton Trust
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
8 May 2013
Procedural Posture
Trust Petition / Hearing on Appointment of Trustee
Outcome
Kip Woodward appointed as trustee; Ms. Cohen awarded costs of this application; special costs reserved for later determination
Legal Topics
Appointment of Trustee, Judicial Trustee Appointment, Removal of Trustee, Fiduciary Duty, Interpretation of Trust Instrument, Admissibility of Evidence
Source Language
english
Trusts Equity Civil Procedure Appointment of Trustee Judicial Trustee Appointment Removal of Trustee Fiduciary Duty Interpretation of Trust Instrument +1 more

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Parties

Jacqueline Clair Cohen

Petitioner

Graham MacKenzie

Respondent

Newton Trust

Trust

Procedural Posture

Trust Petition / Hearing on Appointment of Trustee

Legal Issues

  1. 1 Whether Kip Woodward should be appointed as a trustee to fill the vacancy
  2. 2 Whether friendship with a beneficiary/trustee disqualifies a nominee and undermines independence
  3. 3 Whether a judicial trustee should be appointed by the Chief Justice

Ratio Decidendi

Under the trust instrument and Tempest principles the court appointed Kip Woodward: the settlor's intent permitted trustees familiar with the family and enterprise, no cogent evidence rebutted the presumption of Woodward's independence or showed his appointment would impede the trust, and there were no special reasons to justify appointment of a judicial trustee.

Court Disposition

Kip Woodward appointed as trustee; Ms. Cohen awarded costs of this application; special costs reserved for later determination

Orders

  • Mr. Woodward is appointed as trustee of the Newton Trust.
  • Ms. Cohen is entitled to the costs of this application.