Mansbridge and Roulston (In the Matter of)

Mansbridge and Roulston (In the Matter of)

The Court found a valid trust existed based on the Trust Agreement, the federal Training Trust Fund Option Grant Agreement and the mediated/Martinson order establishing beneficiaries and trustees; accordingly the Court had jurisdiction under s.86 of the Trustee Act, but declined to order a judicial accounting and instead directed the trustees to review past expenditures and determine which, if any, were unauthorized under the Trust Agreement, because s.86 relief is advisory and should not supplant trustees' discretionary administration.

Citation
2004 BCSC 1605
Parties
Petitioner/trustee: Keith Mansbridge; Petitioner/trustee: Lorne Roulston; Respondent/employer: Weyerhaeuser Company Ltd.; Respondent/employer Appointed Trustee: Brenda Allen; Respondent/employer Appointed Trustee: Robert Smith
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
3 December 2004
Procedural Posture
Petition Under Trustee Act / Application for Directions (s.86) — Judgment on Merits
Outcome
Court finds trust valid; petition granted in part — trustees directed to review past expenditures; judicial accounting not ordered
Legal Topics
Trust Validity, Judicial Accounting, Trustees Duties, Issue Estoppel, Jurisdiction
Source Language
English
Trusts Equity Employment and Labour Law Civil Procedure Trust Validity Judicial Accounting Trustees Duties Issue Estoppel +1 more

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Parties

Keith Mansbridge

Petitioner/trustee

Lorne Roulston

Petitioner/trustee

Weyerhaeuser Company Ltd.

Respondent/employer

Brenda Allen

Respondent/employer Appointed Trustee

Robert Smith

Respondent/employer Appointed Trustee

Procedural Posture

Petition Under Trustee Act / Application for Directions (s.86) — Judgment on Merits

Legal Issues

  1. 1 Whether a valid trust was created
  2. 2 Whether the Court has jurisdiction to grant directions under s.86 of the Trustee Act
  3. 3 Whether a judicial accounting should be ordered or trustees should review past expenditures

Ratio Decidendi

The Court found a valid trust existed based on the Trust Agreement, the federal Training Trust Fund Option Grant Agreement and the mediated/Martinson order establishing beneficiaries and trustees; accordingly the Court had jurisdiction under s.86 of the Trustee Act, but declined to order a judicial accounting and instead directed the trustees to review past expenditures and determine which, if any, were unauthorized under the Trust Agreement, because s.86 relief is advisory and should not supplant trustees' discretionary administration.

Court Disposition

Court finds trust valid; petition granted in part — trustees directed to review past expenditures; judicial accounting not ordered

Orders

  • Court declares the Chemainus Team Development Training Trust Fund to be a valid trust and confirms beneficiaries as all employees of the Chemainus sawmill as defined by the Martinson order
  • Trustees are directed to review past expenditures (Sept 1990 to Dec 31, 2000) and determine which expenditures, if any, were not authorized under the Trust Agreement