Court File and Parties

Court File No.: CV-24-00725633 Date: 2024-11-20 Ontario Superior Court of Justice

Between: Kristina Marie Jauvin, Applicant And: The Estate of Kenneth Barnett Lennie, Deceased and The Estate of Richard Jean Jauvin, Deceased, Respondent

Counsel: Michael Suria, for the Applicant

Heard: November 20, 2024

Before: Papageorgiou J.

Overview

[1] The Applicant brings a motion to terminate a trust arrangement between herself and Richard Jean Jauvin who is deceased in relation to property located at 186 Sedgemount Drive, Toronto (the “Property”) as well as a vesting order of such Property in her name.

Decision

[2] I grant the Application.

Analysis

The Law

[3] A trust may be terminated pursuant to the rule in Saunders v. Vautier, which states that the beneficiaries to a trust may vary or terminate the trust, subject to the following requirements: a. The beneficiaries must have the full beneficial interest of the trust, and b. The beneficiaries must have capacity: Stoor v. Stoor Estate, 2014 ONSC 5684.

The Reasons Requesting Termination

[4] The Applicant is the daughter of the deceased Kenneth Barnett Lennie (“Kenneth”). She was married to the deceased Richard Jean Jauvin (“Richard”).

[5] Before he passed away, Kenneth was the sole registered owner of the Property. However, he did not live in the Property. The Property was occupied by Richard and the Applicant.

[6] Kenneth wished to have ownership of the Property transferred to the Applicant after he passed away and wanted to add her to title as joint tenant so that the Property would pass to the Applicant by survivorship.

[7] Because of the Applicant’s financial circumstances, there were concerns about putting the Property in her name. The parties agreed that the Applicant’s husband, Richard would be added to title as joint tenant and hold it as a bare trustee for the Applicant.

[8] On September 26, 2017, Richard was added to the title as a joint tenant and the Applicant and Richard signed a declaration of trust, confirming that Richard held any and all interest in the Property in trust for the Applicant and that he was bound to convey it to her at the Applicant’s direction. This document is filed.

[9] Kenneth passed away on August 9, 2019, with a will. The beneficiaries of Kenneth’s estate are the Applicant and her brother Gregory Curtis Lennie.

[10] Kenneth should have been removed from title to the Property with Richard being the sole owner because they held the Property as joint tenants. However, this was never done.

[11] The Applicant is also named as the estate trustee in Kenneth’s will.

[12] Richard then passed away on October 3, 2022, without a will. Richard did not own any assets.

[13] Richard and Kenneth remain registered on title to the Property.

[14] The Applicant attempted to deal with this situation by seeking to be appointed estate trustee of Richard’s estate. However, this was rejected, because Richard’s authority as a trustee would not vest in the Applicant even if she were appointed as estate trustee.

[15] Therefore, she brought this Application.

[16] I am satisfied that the Applicant is entitled to an order terminating the trust between the Applicant and Richard as well as a vesting order. She has provided evidence that she is the only one with a beneficial interest in the Property and she has capacity. Therefore, she satisfies the test in Saunders v. Vautier.

[17] I note that the other beneficiary to Kenneth’s estate is the Applicant’s brother. He has provided a consent to this Application.

[18] The Respondents are both deceased and there is no other party with any potential interest in this Application that should be served.

[19] Therefore, I also make an Order dispensing with service.

Papageorgiou J. Released: November 20, 2024