Bronson v. Hewitt

Bronson v. Hewitt

The proposed amendment alleging Hewitt pre‑took trust funds to pay legal expenses is premature and not appropriate for determination in this proceeding; entitlement to or repayment of such sums must be addressed on the passing of accounts; allowing the amendment would be prejudicial to Hewitt, therefore the...

Source-derived case information.

Citation
2007 BCSC 1776
Parties
Plaintiff: Thomas E. Bronson; Plaintiff: J. Tom Bronson; Plaintiff: Lee B. Lewis; Plaintiff: Virginia C. Shaffer; Plaintiff: H. Davis Lewis, Jr.; Plaintiff: Harold D. Lewis, Sr.; Defendant: Howard H. Hewitt; Defendant: A. Eugene Lewis; Defendant: Jennifer Lewis Browning; Defendant: Julie Anne Lewis; Defendant: William David Tompkins, Trustee of the Graham River Trust; Defendant: Graham River Outfitters Ltd.; Defendant: Margaret H. Mason; Defendant: Bull, Housser & Tupper; Defendant: Bull, Housser & Tupper LLP
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
6 December 2007
Procedural Posture
Breach of Trust / Trust Litigation / Application to Amend Pleadings (pre Trial)
Outcome
Application dismissed in part: proposed amendment alleging pre‑taking of trust funds dismissed as premature and prejudicial; plaintiffs granted leave to file Amended Amended Statement of Claim excluding that amendment; plaintiffs may raise the issue on passing of accounts; costs to Hewitt in the cause.
Legal Topics
Breach of Trust, Passing of Accounts, Amendment of Pleadings, Pre‑taking of Legal Expenses, Costs
Source Language
english
Trusts Civil Procedure Equity Breach of Trust Passing of Accounts Amendment of Pleadings Pre‑taking of Legal Expenses Costs

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Parties

Thomas E. Bronson

Plaintiff

J. Tom Bronson

Plaintiff

Lee B. Lewis

Plaintiff

Virginia C. Shaffer

Plaintiff

H. Davis Lewis, Jr.

Plaintiff

Harold D. Lewis, Sr.

Plaintiff

Howard H. Hewitt

Defendant

A. Eugene Lewis

Defendant

Jennifer Lewis Browning

Defendant

Julie Anne Lewis

Defendant

William David Tompkins, Trustee of the Graham River Trust

Defendant

Graham River Outfitters Ltd.

Defendant

Margaret H. Mason

Defendant

Bull, Housser & Tupper

Defendant

Bull, Housser & Tupper LLP

Defendant

Procedural Posture

Breach of Trust / Trust Litigation / Application to Amend Pleadings (pre Trial)

Legal Issues

  1. 1 Whether proposed amendment alleging trustee pre‑took trust funds for legal expenses discloses a premature contingent claim
  2. 2 Whether a trustee may properly use trust funds to pay litigation defence costs prior to passing of accounts
  3. 3 Whether the amendment would be prejudicial or will assist in determining the real issues in controversy

Ratio Decidendi

The proposed amendment alleging Hewitt pre‑took trust funds to pay legal expenses is premature and not appropriate for determination in this proceeding; entitlement to or repayment of such sums must be addressed on the passing of accounts; allowing the amendment would be prejudicial to Hewitt, therefore the amendment is dismissed and the plaintiffs may raise the issue on passing of accounts.

Court Disposition

Application dismissed in part: proposed amendment alleging pre‑taking of trust funds dismissed as premature and prejudicial; plaintiffs granted leave to file Amended Amended Statement of Claim excluding that amendment; plaintiffs may raise the issue on passing of accounts; costs to Hewitt in the cause.

Orders

  • Proposed amendment alleging Hewitt transferred trust funds to himself prior to passing of accounts dismissed
  • Plaintiffs granted leave to file Amended Amended Statement of Claim absent the dismissed amendment