Shoal Lake Indian Band No. 40 et al. v. Royal Trust Corp. of Canada et al., (1993) 91 Man.R.(2d) 287 (QB)

• Judge: Schulman, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: December 27, 1993
• Jurisdiction: Manitoba
• Citations: (1993), 91 Man.R.(2d) 287 (QB)

Shoal Lake Band v. Royal Trust (1993), 91 Man.R.(2d) 287 (QB)

MLB headnote and full text

Shoal Lake Indian Band No. 40, and Herb Redsky, Chief, Gwen Redsky, and Alfred Redsky, Councillors, on their own behalf and on behalf of Shoal Lake Indian Band No. 40 (applicants) v. Royal Trust Corporation of Canada, Government of Manitoba, and The City of Winnipeg (respondents)

(File No. CI 93-01-76821)

Indexed As: Shoal Lake Indian Band No. 40 et al. v. Royal Trust Corp. of Canada et al.

Manitoba Court of Queen's Bench

Winnipeg Centre

Schulman, J.

December 27, 1993.

Summary:

An Indian Band applied to vary a trust agreement.

The Manitoba Court of Queen's Bench allowed the application.

Trusts - Topic 8000

Variation of trusts - General - The Mani­toba Court of Queen's Bench discussed its jurisdiction to vary trust provisions - See paragraphs 14, 15.

Trusts - Topic 8056

Variation of trusts - Grounds - Changed circumstances - An Indian Band agreed to abandon a development project and to terminate a land surrender - In return, Manitoba and the City of Winnipeg each paid $3,000,000 in trust, with the Band to receive the interest for 60 years and then to receive the principal - Under the trust agreement interest disbursement was to be authorized by a committee - In 1993, the Manitoba and Winnipeg committee mem­bers refused to authorize interest disburse­ment because the Band had not pursued the desurrender - The Band applied to vary the trust provisions to have the court authorize the interest payment before the end of the year, without committee in­volvement, because of unforeseen tax consequences - The Manitoba Court of Queen's Bench varied the trust accordingly.

Cases Noticed:

Morton et al. v. Asper et al. (1988), 55 Man.R.(2d) 61 (Q.B.), refd to. [para. 1].

Stokes-Stephens Oil Co. v. McNaught (1918), 44 D.L.R. 682 (S.C.C.), refd to. [para. 1].

Henderson Estate, Re (1991), 77 Man.R.(2d) 91 (Q.B.), refd to. [para. 15].

Ridalls Estate, Re; Ridalls et al. v. Co-operative Trust Co. of Canada et al. (1983), 24 Sask.R. 16; 14 E.T.R. 157 (Q.B.), refd to. [para. 15].

Statutes Noticed:

Indian Act, R.S.C. 1985, c. I-5, sect. 39(1) [para. 11].

Indian Act Regulations (Can.), Indian Referendum Regulations, C.R.C. 1978, c. 957, sect. 3(1) [para. 11].

Trustee Act, R.S.M. 1987, c. T-160; C.C.S.M., c. T-160, sect. 59, sect. 59(6), sect. 59(7)(b) [para. 15].

Authors and Works Noticed:

McClean, A.J., Variation of Trusts in England and Canada (1965), 43 C.B.R. 181, p. 200 [para. 14].

Waters, D.W.M., Law of Trusts in Canada (1974), p. 904ff [para. 14].

Counsel:

G. Michael Dennehy and Jeff Brown, for the applicants;

David B.N. Ramsay, for the respondent, Royal Trust;

W. Glenn McFetridge, for the respondent, Manitoba (Government);

William Stovel and Marvin Samphir, for the respondent, Winnipeg (City);

Craig Henderson, for the Minister of Indian Affairs and Northern Develop­ment.

This application was heard before Schul­man, J., of the Manitoba Court of Queen's Bench, Winnipeg Centre, who delivered judgment orally on December 27, 1993, with writ­ten reasons delivered on January 18, 1994.