Is there any case law where a group of ratepayers have been entitled to a share of the funds held in trust by the City under by-law 9999?

Like Robertson C.J.O., Kellock J.A. found the chambers judge to have erred in treating the present group of ratepayers as the beneficiaries of the trust. Instead, the City was found to be holding the excess funds in trust on behalf of all those who had paid the special rates since the project’s inception: In my opinion, there being no statutory provision expressly applicable, the cestuis que trust of the fund here in question are the persons who paid the special rates to provide for the debt created by the debentures, i.e., to adopt the language of s. 612(5) of the Act of 1883, "those by whom" the debenture debt will have been paid. It required special provisions, as already point out, to restrict the class of those entitled to the "then owners" and owners "according to the last revised assessment roll." I refer to Re Schneider's Application; Petty and Levison v. The City of New York (1910), 136 App. Div. (N.Y.) 444. It does not appear how long the respondent has been the owner of the lands in respect of which he is personally interested, nor does it appear what changes of ownership there have been in the other lands liable for the special assessment throughout the twenty years during which these local improvement rates have been levied. Had there been no changes in ownership of any of these lands, it might perhaps have been proper to direct that the surplus in question in the hands of the appellant be applied pro rata in payment of the last annual instalment of the rate due in 1943 under by-law 9999. It is most unlikely, however, that no changes of ownership have taken place. I would substitute for the declaration contained in the judgment below a declaration that the persons who have paid the local improvements rates called for under by-law 9999 throughout the twenty years are entitled to share pro rata in the fund in question in this action, and direct a reference to the Master to determine the persons entitled and their respective shares. I would allow the appeal accordingly.