Is there a defence to a beneficiary action against the trustee for breach of trust if the beneficiary confirmed or acquiesced in the breach?
Manitoba, Canada
The following excerpt is from Kinakh et al. v. Kurta et al., 1995 CanLII 16434 (MB QB):
It is, however, a defence to an action by a beneficiary against the trustee for breach of trust if the beneficiary has confirmed or acquiesced in the breach. (See Jarvis, Re, [1958] 2 All E.R. 336.) Acquiescence can be inferred from failure to object within a reasonable time after knowledge of the breach. (See Sleeman v. Wilson (1871), L.R. 13 Eq. 36.)
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