Bronson v. Hewitt

Bronson v. Hewitt

Leave to seek repayment from Jennifer Lewis Browning and Julie Anne Lewis was refused because the plaintiffs failed to plead any claim against them and it would be manifestly unjust and prejudicial to permit new relief against necessary parties after trial; the court reserved decision on other remedies pending full argument at the scheduled hearing.

Citation
2010 BCSC 1638
Parties
Plaintiff: Thomas E. Bronson; Plaintiff: J. Tom Bronson; Plaintiff: Lee B. Lewis; Plaintiff: Virginia L. 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; Third Party: Thomas E. Bronson
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
19 November 2010
Procedural Posture
Trust Action – Breach of Trust and Remedies / Post‑judgment Application for Leave to Make Additional Submissions and Reconsideration; Leave Refused as to Two Defendants; Remaining Issues Reserved for Hearing
Outcome
Application partially dismissed and partially reserved: leave to seek repayment from Jennifer Lewis Browning and Julie Anne Lewis dismissed; remaining issues on remedies reserved for full argument at upcoming hearing; costs awarded to Jennifer and Julie of the application.
Legal Topics
Breach of Trust, Remedies, Reconsideration/leave to Reopen, Distribution of Trust Assets, Election of Remedies, Necessary Parties, Costs
Source Language
English
Trusts Equity Remedies Civil Procedure Tax Breach of Trust Reconsideration/leave to Reopen Distribution of Trust Assets +3 more

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Parties

Thomas E. Bronson

Plaintiff

J. Tom Bronson

Plaintiff

Lee B. Lewis

Plaintiff

Virginia L. 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

Thomas E. Bronson

Third Party

Procedural Posture

Trust Action – Breach of Trust and Remedies / Post‑judgment Application for Leave to Make Additional Submissions and Reconsideration; Leave Refused as to Two Defendants; Remaining Issues Reserved for Hearing

Legal Issues

  1. 1 Whether defendants Jennifer Lewis Browning and Julie Anne Lewis must refund March 2004 distribution to the Big Nine Trust
  2. 2 Whether the judgment against Howard H. Hewitt and A. Eugene Lewis should be increased to the full shortfall of the sale ($486,776–$653,456 CAD)
  3. 3 Whether judgment should be payable to the Big Nine Trust rather than individual beneficiaries

Ratio Decidendi

Leave to seek repayment from Jennifer Lewis Browning and Julie Anne Lewis was refused because the plaintiffs failed to plead any claim against them and it would be manifestly unjust and prejudicial to permit new relief against necessary parties after trial; the court reserved decision on other remedies pending full argument at the scheduled hearing.

Court Disposition

Application partially dismissed and partially reserved: leave to seek repayment from Jennifer Lewis Browning and Julie Anne Lewis dismissed; remaining issues on remedies reserved for full argument at upcoming hearing; costs awarded to Jennifer and Julie of the application.

Orders

  • Application for leave to seek relief against Jennifer Lewis Browning and Julie Anne Lewis dismissed
  • Jennifer Lewis Browning and Julie Anne Lewis entitled to costs of the application in any event of the cause