May 23, 2002
by Barry Stagg
Excerpted from the SCC database:
Rowland v. Vancouver College Ltd.
(29000) (B.C.) May 23, 2002
[2001] S.C.C.A. No. 652 in the SCCA database.
Property law -- Trusts and trustees -- Ontario court
granting leave to Applicant schools to bring petitions in
British Columbia to determine ownership of their shares
and nature and scope of any trust under which they are
held -- British Columbia Court of Appeal affirming
determinations made -- Whether Court of Appeal
erroneously concluded that finding that shareholders held
shares as representatives of religious order meant that
religious order was real trustee -- Whether Court of
Appeal erroneously concluded that private Act of
Parliament incorporating entity could have effect of
automatically replacing religious order as trustee.
HELD: The application for leave to appeal is
dismissed.
* Christian Brothers of Ireland in Canada (Re)
(27958) (Ont.)
May 23, 2002
[2000] S.C.C.A. No. 277 in the SCCA database.
Property law -- Trusts and trustees -- Whether trust
property can be used to satisfy claims occurring entirely
outside of and separate from the trust simply because the
trustee is liable for those claims -- Whether a
charitable corporation is a single entity for the
purposes of exigibility even where the charitable
corporation is administering multiple, separate trusts --
Whether the winding-up of a charitable corporation
effectively winds up or terminates the trusts for which
it is trustee; or, in the alternative, whether the trust
continues and the court retains its discretion to appoint
a new trustee -- Whether, or in what circumstances,
assets held by a charitable corporation in trust for a
charitable object are directly exigible to satisfy the
claims of tort claimants.
HELD: The application for reconsideration is
dismissed.
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