In what circumstances will the Woods be successful in obtaining a decree against the trustees of a trust?
British Columbia, Canada
The following excerpt is from McShane v. Eusanio, 2011 BCSC 553 (CanLII):
In further support of his position, counsel for the Woods referred to another rule of law stated in Graham v. Yeoman, namely: But it is another settled rule that a person who purchases from trustees in good faith, and without fraud or collusion on his part, is not “bound to inquire what steps have been antecedently taken for the purpose of promoting the sale. . . . ‘a sale so made is allowed to stand, and relief for the misconduct of the trustees is given in the form of a decree against them to make good the loss which their misconduct occasioned.
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