ONTARIO
SUPERIOR COURT OF JUSTICE
COURT FILE NOS.: CV-12-56327 and CV-13-57052
DATE: 2014/01/07
BETWEEN:
Barbara Jane Guest
Applicant
– and –
Russell Lott, Susan Guest and Thomas Gaskell as Estate Trustees of Arthur Ronald Guest
Respondents
John M. Connolly, for the Applicant
Mark Muir Rodenburg, for the Respondents
AND BETWEEN:
Russell Lott, Susan Guest and Thomas Gaskell as Estate Trustees of Arthur Ronald Guest
Applicants
– and –
Barbara Jane Guest, Bruce E. Culp, Bonnie M. (Culp) Banks and Barbara J. (Culp) Densmore
Respondents
Mark Muir Rodenburg, for the Applicants
John M. Connolly, for the Respondents
W. Ormond Murphy, Agent for the Office of the Children’s Lawyer, Litigation Guardian for the issue of Marie Guest Culp, Respondent
HEARD: September 16, 2013 (Ottawa)
SUPPLEMENTARY REASONS FOR JUDGMENT
BEAUDOIN J
[1] In my Reasons for Judgment dated December 17, 2013, I concluded that the rule in Saunders v. Vautier applied to the Trust set up in favour of Barbara Jane Guest and that she was therefore entitled to have the Trust distributed to her immediately. In my view, that decision also provided a response to the application brought by the Estate Trustees with regard to the Trust that was established with Susan Guest. For greater clarity, I will respond to the questions posed by the Estate Trustees as follows.
[2] The Applicants, as the main Estate Trustees under the Last Will and Testament of the deceased, make application for the opinion, advice or direction of the Court upon the following questions:
(a) If Susan Guest does not, by deed or will or both, appoint anybody to be the beneficiary of the “Susan Fund” Trust created by the Limited Property Will of Arthur Ronald Guest dated March 11, 2005, does the rule in Saunders v. Vautier apply such that the “Susan Fund” Trust should be terminated with an immediate distribution of the property in the “Susan Fund” Trust to Susan Guest?
Answer: No.
(b) If Susan Guest does, by deed or will or both, appoint somebody other than her Estate as the sole personal beneficiary of the “Susan Fund” Trust created by the Limited Property Will of Arthur Ronald Guest dated March 11, 2005, which appointment is to take effect upon her death, does the rule in Saunders v. Vautier apply such that the “Susan Fund” Trust should be terminated with an immediate distribution of the property in the “Susan Fund” Trust to Susan Guest?
Answer: Yes, if she does so by deed.
(c) If Susan Guest does, by deed or will or both, appoint her Estate as sole beneficiary of the “Susan Fund” Trust created by the Limited Property Will of Arthur Ronald Guest dated March 11, 2005, which appointment is to take effect upon her death, does the rule in Saunders v. Vautier apply such as the “Susan Fund” Trust should be terminated with an immediate distribution of the property in the “Susan Fund” Trust to Susan Guest?
Answer: Yes, if she does so by deed.
Mr. Justice Robert N. Beaudoin
Released: January 7, 2014
COURT FILE NOS.: CV-12-56327 and CV-13-57052
DATE: 2014/01/07
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
Barbara Jane Guest
Applicant
– and –
Russell Lott, Susan Guest and Thomas Gaskell as Estate Trustees of Arthur Ronald Guest
Respondents
AND BETWEEN:
Russell Lott, Susan Guest and Thomas Gaskell as Estate Trustees of Arthur Ronald Guest
Applicants
– and –
Barbara Jane Guest, Bruce E. Culp, Bonnie M. (Culp) Banks and Barbara J. (Culp) Densmore
Respondents
supplementary REASONS FOR JUDGMENT
Beaudoin J.
Released: January 7, 2014