Public Trustee v. Lauer

[1976] 1 SCR 781 Court SCC Decision date 1975-05-13 English

PartiesThe Public Trustee Appellant·Marianne Helen Lauer Respondents·Jolan Stekl, Trustee of the Estate of Albert Stekl, Deceased Respondents

Counsel (4)

D.M. Norby, for the appellant.
B.W.F. McLoughlin, Q.C., for the respondent, Marianne Helen Lauer.
Solicitor for the appellant: D.M. Norby, Vancouver.
Solicitors for the respondent, Marianne Helen Lauer: Lawrence & Shaw, Vancouver.

Judges Laskin, Bora; Martland, Ronald; Pigeon, Louis-Philippe; Dickson, Robert George Brian; Beetz, Jean

Delivered by Majority

On appeal from British Columbia

Subjects Trust

The judgment of the Court was delivered orally by

THE CHIEF JUSTICE—We do not need to hear you, Mr. McLoughlin. We are all of the opinion that the will in this case created a trust for conversion notwithstanding the powers to postpone, and this trust covered all the assets of the estate including the unproductive realty. Having regard to the duty of the trustee under the will to act impartially between life tenant and remaindermen, the life tenant was entitled to be credited with a notional income on the value of the assets, as determined by the Court of Appeal. We would accordingly answer question 2(a) and (b) as answered by the Court of Appeal. It follows that this appeal must

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be dismissed with the costs of the respondent payable out of the capital of estate. We award no costs to the appellant Public Trustee.

Appeal dismissed.

Solicitor for the appellant: D.M. Norby, Vancouver.

Solicitors for the respondent, Marianne Helen Lauer: Lawrence & Shaw, Vancouver.

Footnotes

[1] (1974), 47 D.L.R. (3d) 286.