Jones v. Centrone
Michael Jones
Law Firm / Organization
Watson & Company Lawyers
Bernice Jones
Law Firm / Organization
Watson & Company Lawyers
Glenda Centrone
Law Firm / Organization
Forward Law LLP
Lawyer(s)

Lukas Kozak

Marian Jones
Law Firm / Organization
Unrepresented
Glen Jones
Law Firm / Organization
Unrepresented

Background: Michael Jones and Bernice Jones sought court directions following an October 2022 order for property transfer from Glenda Centrone, Marian Jones, and Glen Jones. The dispute arose after the plaintiffs paid $10,000 to Glen and Marian Jones as required, but Glenda Centrone refused to cover the costs of the property transfer.

Legal Issues:

  1. Cost Responsibility: The key issue was whether Glenda Centrone, who held the property in trust, was responsible for the $25,182.25 in subdivision and transfer costs incurred by Michael Jones.
  2. Trustee Obligation: Glenda argued that as a trustee, she should not bear these costs, referencing the general rule in equity that trustees are indemnified by the beneficial owners.
  3. Contractual Terms: Michael and Bernice Jones contended that Glenda was obliged to cover the costs under the terms of the original agreement, which the court found enforceable.

Court Ruling: The court ruled that Glenda Centrone was responsible for the costs associated with the property transfer. Justice Lyster determined that the circumstances of the agreement displaced the general rule of trustee indemnification. The court ordered Glenda to pay the full amount of $25,182.25.

Costs Awarded: Michael and Bernice Jones were awarded their application costs as they were substantially successful in the case.

Supreme Court of British Columbia
S21341
Real estate
$ 25,182
Plaintiff