Can a trustee be paid by a court even if the trustee does not have a contract or other stipulation for remuneration?
British Columbia, Canada
The following excerpt is from Re Edy, 1982 CanLII 682 (BC SC):
The reasons of Fox L.J. in Re Duke of Norfolk's Settlement Trusts indicate that in the view of that learned judge authorities existed entitling a court to exercise its inherent jurisdiction to authorize payment of remuneration to a trustee even where there was no contract or other stipulation for remuneration: see p. 226 and discussion of Bainbrigge v. Blair (1845), 8 Beav. 588, 50 E.R. 231, and other cases referred to.
But as I have earlier pointed out, in my respectful opinion Gale J.'s decision does not turn on what counsel submits is an erroneous view of the law of England. Gale J.'s decision clearly turns on the application of s. 60 of the Trustee Act [R.S.O. 1937] and upon the application of the earlier decision in Ontario in Williams v. Roy, supra.
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