Clare Burns

The applicant brought motions to enforce a final consent order requiring the respondent to pay her $300,000, seeking partition and sale of the matrimonial home, and for reunification therapy with their children.

The respondent had failed to make the payment and the applicant was left 'couch surfing'.

The court ordered the partition and sale of the matrimonial home, defeating a concurrent life interest held by the respondent's mother, with compensation to be paid from the respondent's share.

The court also ordered the children to attend reunification therapy at the respondent's expense, noting the children had been inappropriately exposed to the litigation.

Application under the Variation of Trusts Act seeking court approval of a variation to a family trust established in 1992.

The proposed variation would permit reorganization and distribution of trust assets to defer a significant capital gains tax liability arising from the Income Tax Act 21‑year deemed disposition rule.

All adult beneficiaries and trustees consented, and the Children’s Lawyer did not oppose the variation subject to a payment protecting contingent interests of minor and unborn beneficiaries.

The court applied the test from Finnell v. Schumacher Estate and related authorities, assessing whether the variation preserved the settlor’s intention and conferred a benefit on minor, unborn, unascertained, and incapable beneficiaries.

The court concluded that the variation preserved trust capital, benefited protected beneficiaries, and would be accepted by a prudent adult acting in self‑interest.

The applicant sought to resign as trustee of a family trust.

The Office of the Children's Lawyer brought a cross-application to appoint a new independent trustee, arguing that the settlor's children, who intended to appoint themselves as trustees pursuant to the trust agreement, had abused their discretion as directors of the trust's holding company.

The court found no evidence of abuse of discretion that would justify interfering under s. 5(1) of the Trustee Act, and held that the executors could appoint the next trustees pursuant to the trust agreement.