What is the test for assisting a stranger of a nominated trustee?
Ontario, Canada
The following excerpt is from Chris Nash Building Inc. v. Buckland, 2010 ONSC 5395 (CanLII):
The test articulated in the more recent Anand v. Medjuck, [1995] O.J. No. 2571 (Sup. Crt.) requires a dishonest or fraudulent design on the part of the fiduciary: (1) assistance by the stranger of a nominated trustee (2) with knowledge (3) in a dishonest and fraudulent design on the part of the nominated trustee (or fraudulent or dishonest disposition of the trust property).
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