What is the test for establishing a trust?
Alberta, Canada
The following excerpt is from Brookfield Bridge Lending Fund Inc. v. Karl Oil and Gas Ltd., 2009 ABCA 99 (CanLII):
Whether a trust exists is a question of law, which will be reviewed for correctness. Whether a party is entitled in law to the imposition of a constructive trust is also a question of law, reviewable for correctness. To the extent that there is an element of discretion or fact-finding involved, some deference would be warranted, unless the imposition of a constructive trust was clearly unreasonable or based on an error of principle: Soulos v. Korkontzilas, 1997 CanLII 346 (SCC), [1997] 2 S.C.R. 217 at paras. 54-5. Trusts and Trustees
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