Case information
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36607
Melville Burle Grosse v. Theresa Stefanie Grosse
(Saskatchewan) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2016-06-17 | Close file on Leave | |
| 2016-06-17 | Correspondence (sent by the Court) to, Respondent, cover letter regarding certificate of taxation, dated June 17, 2016. | |
| 2016-06-17 | Certificate of taxation issued to, Mr. Michael Sobkin | |
| 2016-06-17 | Decision on the bill of costs, in the amount of $1,146.59, Reg | |
| 2016-06-17 | Submission of the bill of costs, Reg | |
| 2016-06-02 | Bill of costs, Completed on: 2016-06-02 | Theresa Stefanie Grosse |
| 2016-02-19 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2016-02-19 | Judgment on leave sent to the parties | |
| 2016-02-18 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Saskatchewan, Number CACV2355, 2015 SKCA 68, dated June 17, 2015, is dismissed with costs. Dismissed, with costs |
|
| 2015-12-07 | All materials on application for leave submitted to the Judges, Cro Wa Côt | |
| 2015-10-26 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2015-10-26, (Electronic version filed on 2015-10-26) | Melville Burle Grosse |
| 2015-10-16 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-10-16) | Theresa Stefanie Grosse |
| 2015-10-15 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2015-10-15, (Electronic version filed on 2015-10-15) | Theresa Stefanie Grosse |
| 2015-09-15 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2015-09-09 | Certificate (on limitations to public access), (Letter Form), Updated version filed 2015-09-15, (Electronic version filed on 2015-09-09) | Melville Burle Grosse |
| 2015-09-09 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-09-09) | Melville Burle Grosse |
| 2015-09-09 | Application for leave to appeal, (Book Form), Completed on: 2015-09-09, (Electronic version filed on 2015-09-09) | Melville Burle Grosse |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Grosse, Melville Burle | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Grosse, Theresa Stefanie | Respondent | Active |
Counsel
Party: Grosse, Melville Burle
Counsel
Iffat Ritter
5O0 - 128, 4th Ave S.
Saskatoon, Saskatchewan
S7K 1M8
Telephone: (306) 653-5000 Ext: 226
FAX: (306) 652-4171
Email: dkendall@cuelenaere.com
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Grosse, Theresa Stefanie
Counsel
Lelsie Tallis
200 Princeton Tower
123 - 2nd Avenue Souith
Saskatoon, Saskatchewan
S7K 7E6
Telephone: (306) 653-2838
FAX: (306) 652-4747
Email: itallis@scharfsteinlaw
Agent
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Family law – Division of family property – Family trusts – Beneficial interest – Whether courts should order a distribution contrary to the designated purpose for which a trust is drafted when dividing property on a marital breakdown – The Family Property Act, S.S. 1997, c F-6.3, s. 2(1) (“family property”).
The issue in this application is the division of a family trust in the context of a matrimonial dispute. During the marriage, the Grosses accumulated a significant number of revenue properties that were owned and managed by an incorporated investment company, with Mr. Grosse as sole shareholder and director. On December 22, 2006, the Grosse Family Trust Agreement was executed thereby creating the family trust in issue. The assets of the Trust consisted of shares of the incorporated investment company. Mr. Grosse, the parties’ two sons and any future grandchildren were named as beneficiaries. Ms. Grosse was not included as a beneficiary for income tax reasons. Mr. Grosse, in addition to being a beneficiary of the Trust, was also its sole trustee, having broad discretionary powers to manage the Trust; he had the ability to pay to himself all or any portion of the income and capital of the Trust, as well as the power to wind up the Trust. At trial, one of the principal issues for determination was whether Mr. Grosse’s interest in the trust constituted family property and, if so, the nature of that interest and how it should be valued and divided under The Family Property Act of Saskatchewan.
Lower court rulings
Court of Queen’s Bench of Saskatchewan
2012 SKQB 464, Div. No. 308 of 2009
Applicant’s contingent beneficial interest in family trust constitutes family property; withdrawals to be equally divided “if and when” applicant takes money or value from trust.
Court of Appeal for Saskatchewan
CACV2355, 2015 SKCA 68
see file
Court of Appeal for Saskatchewan
CACV2355, 2015 SKCA 68
Respondent’s appeal, allowed; “if and when” order of trial judge set aside.
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available