Chinn v. Hanrieder

Chinn v. Hanrieder

Because the respondents achieved substantial success on appeal (the trial finding of a contractual trust was upheld and a new trial ordered on third party claims), respondents are entitled to their trial and appeal costs from the appellant; the appellant is entitled to her costs of the appeal against the third parties; and the costs of the first trial between the appellant and the third parties are to be at the discretion of the trial judge at the new trial.

Citation
2013 BCCA 413
Parties
Respondent (plaintiff): Bette Chinn; Respondent (plaintiff): Dennis Hanrieder; Appellant (defendant): Ingrid Hedwig Hanrieder; Respondent (third Party): Roderick E. Mont and Allin, Anderson, Mont & Walker; Respondent (third Party): Heath and Company
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
27 September 2013
Procedural Posture
Civil Appeal / Supplementary Reasons on Appeal Disposition and Costs; New Trial Ordered on Third Party Claims
Outcome
Respondents awarded trial and appeal costs against the appellant; appellant awarded costs of the appeal against the third parties; costs of the first trial between appellant and third parties are at the discretion of the trial judge after the new trial.
Legal Topics
Secret Trust, Contractual Trust, Third Party Claims, Costs of Appeal, New Trial
Source Language
English
Trusts Contract Civil Procedure Costs Appeal Secret Trust Contractual Trust Third Party Claims +2 more

Case Brief

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Parties

Bette Chinn

Respondent (plaintiff)

Dennis Hanrieder

Respondent (plaintiff)

Ingrid Hedwig Hanrieder

Appellant (defendant)

Roderick E. Mont and Allin, Anderson, Mont & Walker

Respondent (third Party)

Heath and Company

Respondent (third Party)

Procedural Posture

Civil Appeal / Supplementary Reasons on Appeal Disposition and Costs; New Trial Ordered on Third Party Claims

Legal Issues

  1. 1 Whether a secret trust was established
  2. 2 Whether a contract between the parties created a trust
  3. 3 Whether respondents are entitled to trial and appeal costs against the appellant

Ratio Decidendi

Because the respondents achieved substantial success on appeal (the trial finding of a contractual trust was upheld and a new trial ordered on third party claims), respondents are entitled to their trial and appeal costs from the appellant; the appellant is entitled to her costs of the appeal against the third parties; and the costs of the first trial between the appellant and the third parties are to be at the discretion of the trial judge at the new trial.

Court Disposition

Respondents awarded trial and appeal costs against the appellant; appellant awarded costs of the appeal against the third parties; costs of the first trial between appellant and third parties are at the discretion of the trial judge after the new trial.

Orders

  • Respondents shall have their trial and appeal costs against the appellant.
  • The appellant shall have her costs of the appeal against the third parties.