Zeidler v. Campbell, (1988) 88 A.R. 321 (QB)

• Judge: Cawsey, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: May 16, 1988
• Jurisdiction: Alberta
• Citations: (1988), 88 A.R. 321 (QB)

Zeidler v. Campbell (1988), 88 A.R. 321 (QB)

MLB headnote and full text

Margaret L. Zeidler and Zeidler Holdings (applicants) v. Kenneth F. Campbell, Zeidler Forest Industries Ltd., Margaret E. Campbell, Shaunna Campbell and Tani Campbell (respondents)

(No. 8803-05275)

Indexed As: Zeidler v. Campbell et al.

Alberta Court of Queen's Bench

Judicial District of Edmonton

Cawsey, J.

May 16, 1988.

Summary:

Mrs. Zeidler was the owner of all of the shares of Zeidler Holdings Ltd. In 1984 Mrs. Zeidler appointed Campbell to vote her shares under a "Voting Trust Agreement". The share certificates were endorsed as being bound by the terms of the agreement. The agreement provided for termination of the agreement upon the happening of certain events. However, Mrs. Zeidler applied under s. 42 of the Trustee Act to terminate the agreement.

The Alberta Court of Queen's Bench dismissed the application because a trust was not created by the "Voting Trust Agreement".

Trusts - Topic 3

Trust defined - The Alberta Court of Queen's Bench referred to several definitions of a trust (see paragraphs 11 to 16).

Trusts - Topic 424

Creation of trust - Transfer of property to trustee, requirement of - A shareholder, Zeidler, transferred to Campbell the right to vote her shares pursuant to a "Voting Trust Agreement" - The agreement provided for termination upon the happening of certain events - Zeidler applied to terminate the agreement pursuant to s. 42 of the Trustee Act - The Alberta Court of Queen's Bench dismissed the application because a trust was not created by the "Voting Trust Agreement" - The Court stated that there was no provision in the agreement for Campbell to hold title to any property which could be identified as trust property (see paragraph 21).

Cases Noticed:

Saunders v. Gauthier (1841), 41 E.R. 482, refd to. [para. 9].

Green v. Russell, [1959] 2 Q.B. 226, refd to. [para. 12].

Re Marshall's Will Trusts, [1945] Ch. 217, refd to. [para. 12].

Tobin Tractor (1957) Ltd. v. Western Surety Co. (1963), 42 W.W.R.(N.S.) 532, refd to. [para. 12].

McIntosh v. Canada Trust Company (1984), 56 A.R. 231 (Alta. Q.B.), refd to. [para. 30].

Elgin Loan Company v. National Trust Company (1903), 7 O.L.R. 1, affd. (1905), 10 O.L.R. 41 (Ont. C.A.), refd to. [para. 30].

Field v. Bachynski (1976), 1 A.R. 491, refd to. [para. 35].

Birks et al. v. Birks, 15 E.T.R. 208, refd to. [para. 38].

Statutes Noticed:

Trustee Act, R.S.A. 1980, c. T-10, sect. 42 [para. 8].

Authors and Works Noticed:

Waters, Law of Trusts in Canada (2nd Ed. 1984), pp. 10 [para. 11]; 43 [para. 17]; 51 [para. 34]; 63 [para. 20]; 133 [para. 14]; 292 [para. 9].

Underhill, Law of Trust and Trustees (13th Ed. 1979), pp. 1 [para. 12]; 29 [para. 24].

Jacobs, Law of Trusts in Australia (5th Ed.), pp. 7 [para. 13]; 621 [para. 16].

Snell's Principles of Equity (28th Ed.), p. 244 [para. 31].

Counsel:

R.A. McLennan, Q.C., for the applicants;

S.F. Goddard, Q.C., for the respondents.

This application was heard by Cawsey, J., of the Alberta Court of Queen's Bench. The decision of Cawsey, J., was delivered at Edmonton, Alberta, on May 16, 1988.