In re Atkinson / National Trust v. Public Trustee

In re Atkinson / National Trust v. Public Trustee

The Court of Appeal properly directed further evidence and, having considered the fuller record, had jurisdiction to set aside the surrogate court judge's allowance and determine the appropriate compensation; on the facts the Court of Appeal's reduction of the allowance to $149,124.57 was appropriate and the appeal is dismissed.

Citation
[1953] 2 SCR 41
Parties
Appellant / Executor: National Trust Company Limited, Executor of the Estate of Joseph E. Atkinson; Respondent: The Public Trustee; Respondent: The Trustees of the Atkinson Foundation; Respondent: The Official Guardian
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
8 June 1953
Procedural Posture
Appeal / Appeal From Court of Appeal for Ontario on Passing of Accounts of Executor
Outcome
Appeal dismissed; Court of Appeal's reduction of executor's allowance to $149,124.57 affirmed; costs payable out of estate with appellant's costs as between solicitor and client.
Legal Topics
Executor Compensation, Passing Accounts, Jurisdiction of Court of Appeal, Assessment of Executor Fees, Interpretation of Surrogate Courts Act and Trustee Act
Source Language
English
Estates Trusts Charity Law Civil Procedure Executor Compensation Passing Accounts Jurisdiction of Court of Appeal Assessment of Executor Fees +1 more

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Parties

National Trust Company Limited, Executor of the Estate of Joseph E. Atkinson

Appellant / Executor

The Public Trustee

Respondent

The Trustees of the Atkinson Foundation

Respondent

The Official Guardian

Respondent

Procedural Posture

Appeal / Appeal From Court of Appeal for Ontario on Passing of Accounts of Executor

Legal Issues

  1. 1 Whether the Court of Appeal may set aside a surrogate court judge's allowance for executor compensation absent an error in principle by the surrogate judge
  2. 2 Proper method and principles for assessing executor compensation on passing accounts
  3. 3 Scope of s.31(1) of the Surrogate Courts Act and s.60(3) of the Trustee Act and the power to direct further evidence under the Judicature Act

Ratio Decidendi

The Court of Appeal properly directed further evidence and, having considered the fuller record, had jurisdiction to set aside the surrogate court judge's allowance and determine the appropriate compensation; on the facts the Court of Appeal's reduction of the allowance to $149,124.57 was appropriate and the appeal is dismissed.

Court Disposition

Appeal dismissed; Court of Appeal's reduction of executor's allowance to $149,124.57 affirmed; costs payable out of estate with appellant's costs as between solicitor and client.

Orders

  • Appeal dismissed
  • Allowance reduced to $149,124.57