When a broker has mixed shares of his own and shares bought for customers in a common block of shares, does the customer have an equitable right to the number bought on his account?

Saskatchewan, Canada


The following excerpt is from Kern Agencies, Limited (Re), 1932 CanLII 223 (SK QB):

Even where a broker has mixed shares of his own and shares bought for customers in a common block of shares, the customer has an equitable right to a number equivalent to the number bought on his account. Thus in Carter v. Long & Bisby (1896) 1896 CanLII 18 (SCC), 26 S.C.R. 430, the headnote, in part, reads as follows: If an agent is entrusted by his principal with money to buy goods the money will be considered trust funds in his hands and the principal has the same interest in the goods when bought as he had in the funds producing it. If the goods so bought are mixed with those of the agent the principal has an equitable title to a quantity to be taken from the mass equivalent to the portion of the money advanced which has been used in the purchase, as well as to the unexpended balance.

Other Questions


What is the test for common law common law spouses in common law relationships? (Saskatchewan, Canada)
Can a volunteer who obtained registration of title from a transferor who had no legal right to give it to the transferor be found liable to rectify the register if the volunteer who did not have the right to do so, but had no other legal right? (Saskatchewan, Canada)
In a common-law marriage between Indians living on a reserve, can a common law marriage be valid? (Saskatchewan, Canada)
Can a cheque be recalled if the bank subsequently discovered that the customer’s account was overdrawn? (Saskatchewan, Canada)
In what circumstances have the courts found that the driver of a car to the right was driving recklessly at the right side of the road at the time of an oncoming collision? (Saskatchewan, Canada)
What common law is the common law with respect to domestic animals? (Saskatchewan, Canada)
Is there any difference between s. 3 and 10 of the tortfeasors section of the s.10 of the S.16(2) of the common law common law? (Saskatchewan, Canada)
When a vendor contracts to sell to a purchaser an agreement for a lease and the purchaser subsequently repudiates the contract, can the vendor continue to exercise its right to exercise that right? (Saskatchewan, Canada)
Does the common law common law discharge an endorser for not receiving notice of dishonour? (Saskatchewan, Canada)
What is the difference between granting an exclusive right to possession and control of a gravel pit and a right of way? (Saskatchewan, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.