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Canada Case Law

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Property law 2025 BCCA 201

Centrone v. Jones

Appeal dismissed in a family property dispute. The Court upheld an order requiring Glenda Centrone to transfer land and pay subdivision-related costs.

  • Specific performance
  • Constructive trust
  • Privity of contract
  • Trustee indemnity
  • Post-trial directions
  • Boundary adjustment/subdivision costs
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Trusts and estates 2022 BCSC 729

Hoyle Estate

The court awarded special costs to the trustee and litigation guardian from the trust, but required the opposing beneficiaries to bear their own costs.

  • Rectification
  • Equitable rectification
  • Wesa s.58
  • Trustee indemnity
  • Special costs
  • Litigation guardian representation
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Trust law 2021 BCSC 1239

Cepuran v. Carlton

The court held it was premature to award special or indemnity costs on interlocutory petitions, leaving committeeship costs to the trial judge and awarding cause costs on two petitions.

  • Special costs
  • Indemnity
  • Committeeship appointment
  • Trustee indemnity
  • Management agreement
  • Interlocutory costs
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Trusts and estates 2018 BCSC 336

Chalmers v. Chalmers Alter Ego Trust

The court awarded costs from an alter ego trust after finding the trust dispute fell within estate-litigation cost principles, but reduced the co-trustees’ recovery by 20%.

  • Alter ego trust validity
  • Trustee indemnity
  • Costs in estate litigation
  • Trust interpretation
  • Estate-litigation-costs
  • Trustee-indemnity
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Property law 2017 BCCA 254

Pallot v. Douglas

The British Columbia Court of Appeal dismissed an appeal over partition of a leased property held in trust, finding no standing because the appellant lacked immediate possession.

  • Standing under partition of property act
  • Possessory interest
  • Beneficiary rights vs trustee rights
  • Saunders v. vautier
  • Trustee indemnity
  • Partition-of-property-act
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Trusts 2015 NSSC 167

Brooks Estate v. Brooks Estate

The court found that a substantial portion of the legal work was not reasonable or necessary given the nature and value of the dispute (recovery of $50,000); the account was therefore taxed down: fees allowed $25,000 plus HST $3,750 (total $28,750), the trust ordered to pay the taxed amount from the life insurance proceeds, and Brandon Ewing ordered to indemnify the trust and personally pay the taxed and allowed sum on a solicitor-client basis.

  • Breach of trust
  • Trustee indemnity
  • Taxation of legal fees
  • Reasonableness of legal fees
  • Reimbursement from trust
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Civil procedure 2015 BCSC 261

Sunstone v. Vancouver Pacific Development Corp.

The court dismissed Darwin’s security-for-costs application, accepted the trustee’s access to trust assets and indemnity rights, and ordered limited particulars for alleged misrepresentations.

  • Security for costs
  • Particulars
  • Trustee indemnity
  • Misrepresentation
  • Breach of contract
  • Examinations for discovery
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Trusts 2013 BCCA 488

Bronson v. Hewitt

Supplementary reasons on costs and trust administration: the court allocated increased costs, kept US$910,213.71 in trust, and directed further steps before release.

  • Trust funds
  • Trustee indemnity
  • Costs assessment
  • Proceeds held in trust
  • Offset of costs
  • Passing of accounts
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Trusts 2012 BCSC 1812

Arpeg Holdings Ltd. v. Mathisen

The court refused an interlocutory injunction to remove William Mathisen from a family trust property, finding no irreparable harm and no sufficient change in the status quo.

  • Breach of trust
  • Interlocutory injunction
  • Irreparable harm
  • Status quo
  • Trustee indemnity
  • Rectification of trust
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Bankruptcy law 2008 BCSC 1422

Bankruptcy of Pryde

Application by trustees for indemnification from a bankrupt estate for legal fees was dismissed because they were sued personally, not in their representative capacity.

  • Trustee indemnity
  • S.215 bankruptcy and insolvency act
  • Leave to sue trustee
  • Settlement without costs
  • Vicarious liability
  • Bankruptcy-law
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.