Can a stranger to the trust be deemed to have known of the trust?

British Columbia, Canada


The following excerpt is from WestCorp Solutions Ltd. v Lancaster, 2018 BCSC 789 (CanLII):

If a trust or fiduciary duty is imposed by statute, then a stranger to the trust will be deemed to have known of it: Air Canada v. M & L Travel Ltd., 1993 CanLII 33 (SCC), [1993] 3 S.C.R. 787 at para. 38.

Other Questions


Can a stranger to the trust be held personally liable for breach of trust? (British Columbia, Canada)
Can beneficiaries of a trust terminate the trust and have the trust property transferred to them? (British Columbia, Canada)
Can a stranger to a trust be personally liable for breach of trust? (British Columbia, Canada)
Can a stranger to a trust be held liable as a constructive trustee for breach of trust? (British Columbia, Canada)
Can a stranger to a trust be found liable for knowingly participating in a fraudulent breach of trust? (British Columbia, Canada)
What is the test for the presumption of resulting trust in a purchase money resulting trust? (British Columbia, Canada)
How have the courts interpreted the doctrine of fiduciary trust in the context of an alleged breach of trust? (British Columbia, Canada)
Is a bare trust a "bare trust"? (British Columbia, Canada)
What is a discretionary trust and what are the characteristics of a discretionary Trust? (British Columbia, Canada)
When the BCLRC recommended that the distinction between express and constructive trusts be abolished for limitation purposes, does the distinction take into account the remedial constructive trust? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.