NST acted for the plaintiffs in a case involving allegations of breach of trust, breach of fiduciary duty, and knowing assistance in connection with the wind up of four discretionary trusts that held significant hotel properties in BC and the United States. The trial lasted 4 weeks.
Trial counsel were Peter Senkpiel, Stephen Schachter, Q.C. and James Parker. Madam Justice Sharma released reasons for judgment on June 30, 2020 finding that the defendant trustees had acted dishonestly, in bad faith, and in breach of their fiduciary duties. Madam Justice Sharma ordered disgorgement. A further hearing on disgorgement issues and special costs was heard in August. The defendants have appealed the judgment.
