What principles apply to the construction of a trust?

British Columbia, Canada


The following excerpt is from McLean v. McLean, 2017 BCSC 275 (CanLII):

I do not think there is much dispute as to the principles to apply to the trust. The court has the jurisdiction to construe a trust deed. The principals developed for the interpretation of wills apply alike to the construction of trusts (see Wong v. Wong, 2010 BCSC 1331 at para. 7).

Other Questions


Does the trial judge apply the correct legal principles relating to unjust enrichment and constructive trust? (Ontario, Canada)
Does trust principles or the rule in Foss v Harbottle apply? (British Columbia, Canada)
What are the implications of the principles laid down in Bird Construction principles for non-dangerous defects? (Manitoba, Canada)
What is the impact of traditional trust principles against the principles of equity underpinning fair sharing of wealth during a marriage? (Ontario, Canada)
Does s. 43(2) of the Rules of Civil Procedure apply to a trust in a trust? (Ontario, Canada)
Does the Retirement Pension Fund Trust Rule from Saunders v. Vautier apply to an employee pension plan? (Ontario, Canada)
Does the presumption of resulting trust apply in real estate transactions? (British Columbia, Canada)
What are the principles that apply on the second ground of a claim under the Rules of Civil Procedure? (Saskatchewan, Canada)
Does the presumption of a resulting trust apply to gratuitous transfers of property? (British Columbia, Canada)
How does the presumption of resulting trust apply to a gratuitous transfer of real property? (British Columbia, Canada)