Larochelle v. Soucie Estate

JurisdictionBritish Columbia
CourtSupreme Court of British Columbia (Canada)
JudgeMadam Justice Donegan
Citation2019 BCSC 1329
Date09 August 2019
Docket Number050776

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14 practice notes
  • Virk v. Singh
    • Canada
    • Court of Appeal (British Columbia)
    • April 28, 2022
    ...the agreement against the background facts to determine ‘objectively the “aim” of the transaction’”: Larochelle v. Soucie Estate, 2019 BCSC 1329 at para. 199; see also Tozer v. Bank of Nova Scotia, 2012 NBCA 57 at para. 14; Hawkeye Power Corporation v. Sigma Engineering Ltd., 2014 BCSC 1444......
  • Pirani v. Pirani
    • Canada
    • Supreme Court of British Columbia (Canada)
    • June 30, 2020
    ...title, a trustee is able to “deal with the trust property so as to achieve the objectives of the trust”: Larochelle v. Soucie Estate, 2019 BCSC 1329 at para. 172, citing Alistair Hudson, Equity and Trusts, 8th ed., (New York: Routledge, 2014) at 47 [Equity and [122] As explained by the auth......
  • Mand v Cheema
    • Canada
    • Supreme Court of British Columbia (Canada)
    • August 19, 2025
    ...at para. 70. 210 The onus of proof as to the existence of a valid trust lies with the person asserting it: Larochelle v. Soucie Estate, 2019 BCSC 1329 [ Larochelle] at para. 211 A bare trust arises when a trustee simply holds legal title to an asset, with all of the risks and rewards remain......
  • Blumenschein v Seel
    • Canada
    • Supreme Court of British Columbia (Canada)
    • August 15, 2025
    ...on trust” and is compelled in equity to “hold on trust”. 102 The plaintiff submits that the Court in Larochelle v. Soucie Estate, 2019 BCSC 1329 [ Larochelle] stated that a court's task in determining the existence of a trust agreement is to construe the agreement against the background fac......
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14 cases
  • Virk v. Singh
    • Canada
    • Court of Appeal (British Columbia)
    • April 28, 2022
    ...the agreement against the background facts to determine ‘objectively the “aim” of the transaction’”: Larochelle v. Soucie Estate, 2019 BCSC 1329 at para. 199; see also Tozer v. Bank of Nova Scotia, 2012 NBCA 57 at para. 14; Hawkeye Power Corporation v. Sigma Engineering Ltd., 2014 BCSC 1444......
  • Pirani v. Pirani
    • Canada
    • Supreme Court of British Columbia (Canada)
    • June 30, 2020
    ...title, a trustee is able to “deal with the trust property so as to achieve the objectives of the trust”: Larochelle v. Soucie Estate, 2019 BCSC 1329 at para. 172, citing Alistair Hudson, Equity and Trusts, 8th ed., (New York: Routledge, 2014) at 47 [Equity and [122] As explained by the auth......
  • Mand v Cheema
    • Canada
    • Supreme Court of British Columbia (Canada)
    • August 19, 2025
    ...at para. 70. 210 The onus of proof as to the existence of a valid trust lies with the person asserting it: Larochelle v. Soucie Estate, 2019 BCSC 1329 [ Larochelle] at para. 211 A bare trust arises when a trustee simply holds legal title to an asset, with all of the risks and rewards remain......
  • Blumenschein v Seel
    • Canada
    • Supreme Court of British Columbia (Canada)
    • August 15, 2025
    ...on trust” and is compelled in equity to “hold on trust”. 102 The plaintiff submits that the Court in Larochelle v. Soucie Estate, 2019 BCSC 1329 [ Larochelle] stated that a court's task in determining the existence of a trust agreement is to construe the agreement against the background fac......
  • Get Started for Free