Hannah John McConnell Gladstone

The court considered an application by the estate trustee of Laurette Marie Patriquin for directions regarding the administration of a bequest to a charitable institution that no longer existed at the time of the testator’s death.

The court applied the cy-près doctrine and directed that the bequest intended for The Shriners Hospital for Children in Minneapolis, Minnesota, be paid instead to Shriners Children’s Twin Cities, as its successor.

The court also addressed costs, awarding $3,000 to Shriners Children’s Twin Cities and $10,000 to the applicant, both payable from the estate, after considering proportionality and the necessity of the application.

The Estate Trustee sought court direction regarding the residue of a will, as the named charitable beneficiary, Paroisse Sainte-Therese-de-L’Enfant-Jesus, had dissolved before the testator's death.

The court applied the cy-près doctrine, finding a general charitable intention on the part of the testator.

The residue was directed to La Fabrique de la Paroisse Sainte-Sophie, which continued the work of the original parish the testator had strong ties to, thereby honouring the testator's wishes.

The applicants, Michael and Patrick Berrey, as estate trustees for the estates of Keith Bertram Berrey and Claire Yvonne Berrey, brought applications to pass accounts for both estates and to remove Dale Victor Berrey as an estate trustee.

Dale Victor Berrey, also an estate trustee, filed objections to the accounts and refused to consent to the payment of outstanding Canada Revenue Agency (CRA) debts, causing significant delays and accruing interest and penalties.

The court dismissed Dale's request for an adjournment, rejected most of his objections to the estate accounts, ordered the payment of CRA debts from trust funds, and removed Dale Victor Berrey as estate trustee for both estates due to his uncooperative conduct and breach of fiduciary duty.

Costs were awarded against Dale personally and partially from the estates.