John deP. Wright

A trustee applied ex parte for an order permitting payment of residual trust funds into court where one charitable beneficiary could not be identified.

The trust instrument referred to a "Leukemia Fund," but the trustee asserted that the precise organization could not be determined.

The court held that paying the funds into court was inappropriate where further investigation into the intended beneficiary had not been undertaken.

The court emphasized the law’s reluctance to allow charitable gifts to fail and directed the trustee to undertake inquiries and, if necessary, propose a cy-près scheme reflecting the settlors’ general charitable intent.

The application was dismissed and the trustee was directed to return with a proposed distribution plan.

The court determined a forfeiture application under section 491(1)(b) of the Criminal Code following firearms convictions.

It held forfeiture was warranted for most seized firearms and for ammunition that was actually in improperly loaded firearms.

The court rejected a broad constitutional challenge to mandatory forfeiture on these facts, while recognizing that property-right concerns and due process principles can constrain application in proper cases.

It found no basis to forfeit ammunition that was merely readily available to unloaded firearms where both were stored in a locked room compliant with the storage regulation.

A disposition order issued in accordance with Schedule 1, with substantial forfeiture but targeted exemptions and transfers.

A bankrupt applied for discharge from bankruptcy where the majority of his unsecured debt consisted of personal income tax debt exceeding $200,000 and representing more than 75% of his liabilities.

The Crown opposed discharge, arguing that the bankrupt’s right to reside rent‑free in a home held in a discretionary trust should be treated as income when calculating surplus income under the Bankruptcy and Insolvency Act.

The court held that a right of residence is not “revenue” or income for purposes of surplus income under s. 68 because it merely reduces an expense rather than generating income.

However, the court considered the benefit as a relevant factor when exercising discretion under s. 172.1 governing discharge of tax debtors.

A conditional discharge was ordered requiring monthly payments to creditors.

The successful plaintiff sought costs following judgment in an action for accounting services, requesting partial indemnity costs to the date of its Rule 49 offer to settle and substantial indemnity costs thereafter.

The defendant argued the offer was not a genuine settlement offer because it demanded the full amount claimed and that the case involved a substantive defence.

The court held that although an offer to settle need not contain an element of compromise, the claim was not a liquidated claim and the defendant had raised a defence of substance regarding whether it was liable as principal or agent.

Exercising its discretion under Rule 49.10(1), the court ordered otherwise and declined to award substantial indemnity costs.

Costs were awarded on a partial indemnity basis throughout.

The plaintiff alleged that he and another individual formed a partnership with a third person to develop a nightclub and microbrewery venture, and that the defendants diverted the opportunity by securing a lease and operating the business themselves.

The plaintiff also claimed standing as assignee of the co‑venturer’s alleged cause of action through security agreements relating to unrelated debts.

The court found that the plaintiff was not a partner in the venture, noting his absence from key negotiations and documentation such as the letter of intent to lease.

The court further held that the co‑venturer’s refusal or inability to provide financing effectively constituted withdrawal from the partnership, permitting the remaining participant to proceed independently.

As a result, neither the co‑venturer nor the plaintiff as alleged assignee had a viable cause of action for breach of fiduciary duty or diversion of opportunity.