Hyperlawhypertext legal database Jones v. T. Eaton Co. Ltd. [1973] SCR 635

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Jones v. T. Eaton Co. Ltd.

[1973] SCR 635 Court SCC Decision date 1973-02-28 English

PartiesAlfred E. Jones, Charles M. Jones, Barry Jones, Audrey Traviss, Charles Augustus Jones and Frank L. Jones (Plaintiff) Appellants

Counsel (9)
G.T. Walsh, Q.C., and T.W.G. Pratt, for the appellants.
R.J. Rolls, Q.C., for the respondents, Harley J. Marshall et al.
J.M. Roland and T.J. Lockwood, for the respondents, the Executive Officers of T. Eaton Company, Limited.
A. McN. Austin, for the respondent, National Trust Company Limited.
Solicitor for the appellants: George T. Walsh, Toronto.
Solicitors for the respondents, Executive Officers of T. Eaton Co. Ltd.: Osler, Hoskin & Harcourt, Toronto.
Solicitors for the respondent, National Trust Co. Ltd.: Weir & Foulds, Toronto.
Solicitors for the respondent, The Queen Elizabeth Hospital: Mortimer, Clark, Gray, Collin-ger, Toronto.
Solicitors for the respondents, Harley J. Marshall et al.: Fasken & Calvin, Toronto.

Judges Martland, Ronald; Judson, Wilfred; Ritchie, Roland Almon; Spence, Wishart Flett; Laskin, Bora

Delivered by Judgment of the Court

On appeal from Ontario

Subjects Estates

Contents

Judgment of the Court

The judgment of the Court was delivered by

Is the bequest “to the executive officers of the T. Eaton Company Limited, Toronto, to be used by them as a trust fund for any needy or deserving Toronto members of the Eaton Quarter Century Club as the said executive directors in their absolute discretion may decide” a valid charitable bequest?
If the answer to the question 1 is “no”, is the bequest a valid non-charitable bequest?
If either of questions 1 or 2 is answered in the affirmative, what is meant by “Toronto members” of the Eaton Quarter Century Club?
If either of questions 1 or 2 is answered in the affirmative, is the determination as to who are “needy or deserving” Toronto members of the Eaton Quarter Century Club in the absolute discretion of the executive officers of The T. Eaton Company Limited?
If the answer to question 4 is “no”, how are the “needy or deserving” Toronto members of the Eaton Quarter Century Club to be determined?
If the answer to both question 1 and question 2 is “no”, how is the bequest to be disposed of?
If the bequest is to go as on an intestacy as of what date are the next kin to be determined?

Footnotes

  1. [1] [1971] 2 O.R. 316, 17 D.L.R. (3d) 652, sub nom. Re Bethel.
  2. [2] [1951] Ch. 622.
  3. [3] [1944] A.C. 341.
  4. [4] (1885), 28 Ch. D. 464.
  5. [5] (1889),42 Ch. D. 510.
  6. [6] [1950] Ch. 177.
  7. [7] (1867), L.R. 1 Sc. & Div. 96.
  8. [8] [1901] 2 Ch. 110.
  9. [9] [1951] Ch. 661.
  10. [10] [1891] A.C. 531.
  11. [11] [1955] A.C. 627.
  12. [12] [1959] O.R. 608.
  13. [13] [1950] Ch. 177.
  14. [14] [1972] 1 All E.R. 878.
  15. [15] [1971] A.C. 424.