Stewart v. Stewart, 2018 BCSC 556

JurisdictionBritish Columbia
JudgeThe Honourable Mr. Justice Abrioux
Docket NumberS159013
CourtSupreme Court of British Columbia (Canada)
Date06 April 2018
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4 practice notes
  • Haynes Estate (Re),
    • Canada
    • Supreme Court of British Columbia (Canada)
    • January 22, 2021
    ...tension or strife between Mr. Haynes and Ms. Vanden Brink disqualify him from acting as the executor. To quote from Stewart v. Stewart, 2018 BCSC 556, at para. [61] Mere dissension between the trustees is not sufficient to cause the court to remove a trustee. Rather, the test is that the "c......
  • Louis Winkler Alter Ego Trust #3 v. Winkler, 2019 BCSC 30
    • Canada
    • Supreme Court of British Columbia (Canada)
    • January 11, 2019
    ...This Court recently confirmed the applicable principles of construction with regard to trust instruments in Stewart v. Stewart, 2018 BCSC 556. At paras. 50-51, Abrioux J. stated the [50]      In the construction of trust instruments, the primary purpose of the ......
  • Stewart v. Stewart, 2018 BCSC 1266
    • Canada
    • Supreme Court of British Columbia (Canada)
    • July 16, 2018
    ...for six weeks commencing October 9, 2018. [4] The background to the action is set out, inter alia, in my reasons for judgment indexed at 2018 BCSC 556, which I shall not repeat in these reasons except to mention that at its core, the proceeding involves a dispute amongst members of the Stew......
  • The Bank of Nova Scotia Trust Company (Trustee) v Quinn, 2019 BCSC 439
    • Canada
    • British Columbia Supreme Court of British Columbia (Canada)
    • March 26, 2019
    ...applies to inter vivos trusts: see Wong Joint Partner Trust (Trustee of) v. Wong, 2010 BCSC 1331 at para. 7; Stewart v. Stewart, 2018 BCSC 556 at paras. b) The Admissibility of Extrinsic Evidence and California Law [30] For the purposes of ascertaining the intention of Mr. Quinn and interpr......
4 cases
  • Haynes Estate (Re),
    • Canada
    • Supreme Court of British Columbia (Canada)
    • January 22, 2021
    ...tension or strife between Mr. Haynes and Ms. Vanden Brink disqualify him from acting as the executor. To quote from Stewart v. Stewart, 2018 BCSC 556, at para. [61] Mere dissension between the trustees is not sufficient to cause the court to remove a trustee. Rather, the test is that the "c......
  • Louis Winkler Alter Ego Trust #3 v. Winkler, 2019 BCSC 30
    • Canada
    • Supreme Court of British Columbia (Canada)
    • January 11, 2019
    ...This Court recently confirmed the applicable principles of construction with regard to trust instruments in Stewart v. Stewart, 2018 BCSC 556. At paras. 50-51, Abrioux J. stated the [50]      In the construction of trust instruments, the primary purpose of the ......
  • Stewart v. Stewart, 2018 BCSC 1266
    • Canada
    • Supreme Court of British Columbia (Canada)
    • July 16, 2018
    ...for six weeks commencing October 9, 2018. [4] The background to the action is set out, inter alia, in my reasons for judgment indexed at 2018 BCSC 556, which I shall not repeat in these reasons except to mention that at its core, the proceeding involves a dispute amongst members of the Stew......
  • The Bank of Nova Scotia Trust Company (Trustee) v Quinn, 2019 BCSC 439
    • Canada
    • British Columbia Supreme Court of British Columbia (Canada)
    • March 26, 2019
    ...applies to inter vivos trusts: see Wong Joint Partner Trust (Trustee of) v. Wong, 2010 BCSC 1331 at para. 7; Stewart v. Stewart, 2018 BCSC 556 at paras. b) The Admissibility of Extrinsic Evidence and California Law [30] For the purposes of ascertaining the intention of Mr. Quinn and interpr......

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