Miles v. Vince, 2014 BCCA 289
| Judge | Levine, Neilson and Garson, JJ.A. |
| Court | Court of Appeal (British Columbia) |
| Case Date | May 05, 2014 |
| Jurisdiction | British Columbia |
| Citations | 2014 BCCA 289;(2014), 358 B.C.A.C. 280 (CA) |
Miles v. Vince (2014), 358 B.C.A.C. 280 (CA);
614 W.A.C. 280
MLB headnote and full text
Temp. Cite: [2014] B.C.A.C. TBEd. JL.033
Cynthia Mary Miles (appellant/petitioner) v. Marilynne Vince (respondent/respondent)
(CA040983; 2014 BCCA 289)
Indexed As: Miles v. Vince
British Columbia Court of Appeal
Levine, Neilson and Garson, JJ.A.
July 16, 2014.
Summary:
Miles, the beneficiary of a trust, claimed the trustee improvidently invested all of the trust property by lending it to a related trust. She applied for an order removing and replacing the trustee.
The British Columbia Supreme Court, in a decision reported at [2013] B.C.T.C. Uned. 888, dismissed the petition. Miles appealed.
The British Columbia Court of Appeal allowed the appeal, set aside the decision of the Chambers judge, removed the trustee and appointed a replacement trustee. The trustee breached her statutory duty to prudently invest the trust property, was in a conflict of interest between her duty to the trust and her positions in related entities which were involved in the development of real estate, and failed to act with an even hand among the beneficiaries of the trust and the related entities.
Trusts - Topic 5921
The trustee - Duties - General - See paragraphs 1 to 93.
Trusts - Topic 5987
The trustee - Removal - Grounds - See paragraphs 1 to 93.
Cases Noticed:
Fales et al. v. Canada Permanent Trust Co., [1977] 2 S.C.R. 302; 11 N.R. 487, refd to. [para. 54].
Froese v. Montreal Trust Co. of Canada et al. (1996), 76 B.C.A.C. 81; 125 W.A.C. 81; 20 B.C.L.R.(3d) 193 (C.A.), refd to. [para. 55].
Mardesic v. Vukovich Estate (1988), 30 B.C.L.R.(2d) 1990 (S.C.), refd to. [para. 82].
McKay v. Howlett Estate - see Seaton Estate, Re.
Seaton Estate, Re (2003), 188 B.C.A.C. 28; 308 W.A.C. 28; 2003 BCCA 555, refd to. [para. 82].
Letterstedt v. Broers (1884), L.R. App. Cas. 371 (P.C.), refd to. [para. 84].
Conroy v. Stokes, [1952] 4 D.L.R. 124 (B.C.C.A.), refd to. [para. 85].
Weinstein v. Weinstein et al. (1996), 81 B.C.A.C. 282; 132 W.A.C. 282 (C.A.), refd to. [para. 86].
Authors and Works Noticed:
Waters, Donovan W.M., Waters' Law of Trusts in Canada (4th Ed. 2012), pp. 1006 to 1009 [para. 60].
Counsel:
D.J. Sutherland, for the appellant;
R.V. Wickett, Q.C., and I. Knapp, for the respondent.
This appeal was heard at Vancouver, British Columbia, on May 5, 2014, by Levine, Neilson and Garson, JJ.A., of the British Columbia Court of Appeal. The following judgment of the Court of Appeal was delivered by Levine, J.A., on July 16, 2014.
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...to limit Mhinder to a share of the original value of the trust assets. In supporting this argument, Bhora relies upon Miles v Vince, 2014 BCCA 289, where the court discusses what circumstances justify the removal of a trustee.[665] I agree that Mhinder’s actions in diverting pump revenue to......
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Scott v. Scott,
...298 Nfld. & P.E.I.R. 1; Letterstedt v. Broers (1884), 9 App. Cas. 371, [1881-5] All E.R. Rep 882 (South Africa P.C.); Miles v. Vince, 2014 BCCA 289, [2014] 9 W.W.R. 1; 909403 Ontario Ltd. v. DiMichele, 2014 ONCA 261; Sinclair v. Sinclair, 2013 SKCA 123, 370 D.L.R. (4th) 214; Melendy v. ......
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...to preserve the assets of the Deceased's estate: Fales v. Canada Permanent Trust Co., [1977] 2 S.C.R. 302; Miles v. Vince, 2014 BCCA 289 at para. 54. At common law, the neglect of this duty has been referred to as a devastavit, and it gives rise to personal liability: Widdifield on Exe......
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Parker et al. v. Thompson et al., [2014] B.C.T.C. Uned. 1916
...the estate trustee's acts or omissions must be of such a nature as to endanger the administration of the trust. [38] In Miles v. Vince , 2014 BCCA 289 at paras. 84 - 85, Madam Justice Levine, for the Court, considered the bases upon which a court might remove a trustee: [84] What circumstan......
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Mayer v. Mayer, 2018 BCSC 8
...to limit Mhinder to a share of the original value of the trust assets. In supporting this argument, Bhora relies upon Miles v Vince, 2014 BCCA 289, where the court discusses what circumstances justify the removal of a trustee.[665] I agree that Mhinder’s actions in diverting pump revenue to......
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Scott v. Scott,
...298 Nfld. & P.E.I.R. 1; Letterstedt v. Broers (1884), 9 App. Cas. 371, [1881-5] All E.R. Rep 882 (South Africa P.C.); Miles v. Vince, 2014 BCCA 289, [2014] 9 W.W.R. 1; 909403 Ontario Ltd. v. DiMichele, 2014 ONCA 261; Sinclair v. Sinclair, 2013 SKCA 123, 370 D.L.R. (4th) 214; Melendy v. ......
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Klaptchuk v Johnson,
...to preserve the assets of the Deceased's estate: Fales v. Canada Permanent Trust Co., [1977] 2 S.C.R. 302; Miles v. Vince, 2014 BCCA 289 at para. 54. At common law, the neglect of this duty has been referred to as a devastavit, and it gives rise to personal liability: Widdifield on Exe......
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Parker et al. v. Thompson et al., [2014] B.C.T.C. Uned. 1916
...the estate trustee's acts or omissions must be of such a nature as to endanger the administration of the trust. [38] In Miles v. Vince , 2014 BCCA 289 at paras. 84 - 85, Madam Justice Levine, for the Court, considered the bases upon which a court might remove a trustee: [84] What circumstan......
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Trustees Take Note Context Is Key When Interpreting A Settlors Intention; Broad Discretion Is Not A Shield
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A Trustee's Duties In Volatile Markets
...prudent investor standard and how a court would apply the above legislative provisions, it is helpful to examine a case. Miles v. Vince, 2014 BCCA 289 ("Miles") In this case, the court considered whether the trustee of insurance trust had complied with the prudent investor standard as set o......