Bronson v. Hewitt

Bronson v. Hewitt

The Big Nine Trust ceased to exist as of March 2004 when the trustee Howard distributed the trust property and the trust was without assets; because the trust had no property Harold never became trustee and his subsequent purported appointment of Tommy under s.27 TA is ineffective; no new trustees are required or appointed at this time; Howard must pass his accounts but the passing is stayed until 90 days after exhaustion of all appeals or by agreement of the parties; no order removing Howard is necessary because the trust assets have been distributed.

Citation
2011 BCSC 1115
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
17 August 2011
Procedural Posture
Trust Litigation / Post Trial Remedies/further Reasons
Legal Topics
Breach of Trust, Termination of Trust, Appointment of Trustees, Passing of Accounts, Constructive Trust, Tracing, Damages, Remedies, Distribution of Trust Property
Source Language
English
Trusts Equity Civil Procedure Remedies Breach of Trust Termination of Trust Appointment of Trustees Passing of Accounts +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Party arguments 2
Sign in to unlock

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 Litigation / Post Trial Remedies/further Reasons

Legal Issues

  1. 1 whether the Big Nine Trust (BNT) continues to exist
  2. 2 whether new or replacement trustees should be appointed (Harold, Tommy, others)
  3. 3 whether trustee Howard should be removed and must pass his accounts

Ratio Decidendi

The Big Nine Trust ceased to exist as of March 2004 when the trustee Howard distributed the trust property and the trust was without assets; because the trust had no property Harold never became trustee and his subsequent purported appointment of Tommy under s.27 TA is ineffective; no new trustees are required or appointed at this time; Howard must pass his accounts but the passing is stayed until 90 days after exhaustion of all appeals or by agreement of the parties; no order removing Howard is necessary because the trust assets have been distributed.