Public Guardian and Trustee v. Strapp
- Citation
- 2001 BCSC 603
- Status
- Judgment
- Jurisdiction
- Canada
- Court
- Supreme Court of British Columbia
- Decision
- 23 April 2001
- Posture
- Trust Dispute (infant Settlement) / Reasons for Judgment Appointment of Sole Trustee
- Language
- English
More details
- Court
- Supreme Court of British Columbia
- Decision
- 23 April 2001
- Posture
- Trust Dispute (infant Settlement) / Reasons for Judgment Appointment of Sole Trustee
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
Because Mrs. Strapp repeatedly failed to fulfill simple trustee obligations, admitted lack of investment skills and a preservation plan, and could not cooperate with the Public Trustee, the court exercised its discretion to appoint the Public Guardian and Trustee as sole trustee to protect the infant's settlement.
Court disposition
Public Guardian and Trustee appointed sole trustee; previous co‑trusteeship terminated; each party to bear their own costs; court no longer seized of the matter.
Orders
- Public Guardian and Trustee appointed sole trustee of the infant's settlement
- Previous unentered order varied to remove Mrs. Strapp as co‑trustee
- Each party to bear their own costs
- Court no longer seized of the matter
02
Material facts
Parties
Public Guardian and Trustee
Plaintiff Counsel: D.L. PolleyLeone Blanche Strapp
Defendant Counsel: D.D. KermodeBryan Keith Strapp
Defendant03
Procedural history
Posture
Trust Dispute (infant Settlement) / Reasons for Judgment Appointment of Sole Trustee
04
Questions and positions
Legal issues
- 01
Whether the Public Guardian and Trustee should be appointed sole trustee of the infant's settlement
- 02
Whether co‑trustee Leone Strapp failed to perform basic trustee obligations
- 03
Whether inability to cooperate and lack of investment plan threatened preservation of the beneficiary's funds
Party arguments
- Applicant
- The Public Guardian and Trustee sought appointment as sole trustee because co‑trustee Mrs. Strapp failed to comply with prior directions, has not filed expense reports for over four months, has no investment skills or preservation plan, and is unable to cooperate with the Public Trustee, creating urgent risk to the infant's funds.
- Respondent
- Mrs. Strapp relied on the onerous nature of her day‑to‑day caregiving for the infant and her role as co‑trustee to justify remaining in office; she did not present an effective plan for preservation of funds and admitted lack of investment expertise.
05
Court’s reasoning
Legal principles
- 01
Supreme Court of British Columbia practice and the unentered order of November 2000 (Justices Drossos and Brooke)
A court may replace or consolidate trustees where a co‑trustee fails to carry out trustee duties or where cooperation between trustees is impossible and the beneficiary's interests are at risk.
- 02
Trust law principles and directions of Justices Drossos and Brooke (unentered order)
Trustees have a duty to preserve trust assets, maintain proper accounts and reports, and to take appropriate investment steps for beneficiary protection.
06
Ratio, limits and disposition
Ratio decidendi
Because Mrs. Strapp repeatedly failed to fulfill simple trustee obligations, admitted lack of investment skills and a preservation plan, and could not cooperate with the Public Trustee, the court exercised its discretion to appoint the Public Guardian and Trustee as sole trustee to protect the infant's settlement.
Obiter and limits
- The court noted the onerous nature of Mrs. Strapp's caregiving role but held that caregiving burden did not excuse failure to meet trustee obligations.
- The urgency to preserve the young man's funds justified immediate change in trusteeship and prompt action by the Public Trustee.
Court disposition
Public Guardian and Trustee appointed sole trustee; previous co‑trusteeship terminated; each party to bear their own costs; court no longer seized of the matter.
- Public Guardian and Trustee appointed sole trustee of the infant's settlement
- Previous unentered order varied to remove Mrs. Strapp as co‑trustee
- Each party to bear their own costs
- Court no longer seized of the matter
Source and reliance status
Supreme Court of British Columbia · 23 April 2001
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Supreme Court of British Columbia
Judgment· 23 April 2001
2001BCSC0603 Citation: Public Guardian and Trustee v. Strapp Date: 20010423 2001 BCSC 603 Docket: 49923 Registry: Kelowna
IN THE SUPREME COURT OF BRITISH COLUMBIA BETWEEN:
PUBLIC GUARDIAN AND TRUSTEE
PLAINTIFF AND:
LEONE BLANCHE STRAPP
AND BRYAN KEITH STRAPP
DEFENDANTS
REASONS FOR JUDGMENT
OF THE HONOURABLE MR. JUSTICE METZGER Counsel for the Plaintiff: D.L. Polley Counsel for the Defendant Leone Strapp: D.D. Kermode Date and Place of Hearing: April 9, 2001 Kelowna, BC [1] Since my unentered order of November 2000, the Public Trustee has filed a plan that would commence to preserve the assets of this infant's settlement. Not much has gone forward since the plan was outlined and filed. [2] I note that Mrs. Strapp as co-trustee had a few simple obligations to fulfill, in addition to her onerous task of day-to-day care of Logan. [3] She has failed to fulfill those simple obligations as set out by Justices Drossos and Brooke. She has not filed an expense report for over four months. [4] She and the Public Trustee cannot agree on how the trust is to be preserved. This new evidence has only occurred since my initial order. It is material that these parties cannot work co-operatively and thus Logan's future security continues to be threatened. [5] There is no evidence before me that Mrs. Strapp has mapped out any special plan for the preservation of these funds. She has admitted she has no investment skills and still has only a vague appreciation of the responsibilities of a trustee. [6] I am satisfied that the recent events show that my previous unentered order should be changed to appoint the Public Trustee as the sole trustee. It is becoming increasingly urgent that the Public Trustee get on with preserving this young man's funds. [7] Each party will bear their own costs, and I am no longer seized of this matter. "R.W. Metzger, J." The Honourable Mr. Justice R.W. Metzger
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