In what circumstances will the Court of Appeal rule apply to a trust?
British Columbia, Canada
The following excerpt is from Buschau v. Rogers Communications Inc., 2004 BCCA 369 (CanLII):
Because this is an unusual situation we do not think the usual rule should prevail. The main contention of the appellant was that the rule in Saunders v. Vautier does not have application to a modern trust. The second contention was that if the rule did apply, the appellant had an interest in the trust that would make its consent necessary before the rule could be invoked. The appellant was not successful in this court or in the trial court on either of these issues.
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