What is the proper use of the Court of Appeal's power to give advice or direction to a beneficiary of a trust?
Manitoba, Canada
The following excerpt is from Einarsson et al v. Northlands Indian Band, 2008 MBQB 69 (CanLII):
The authors of that text go on to say that the proper use of the court’s power to give advice or direction is to determine issues regarding the construction of the instrument conferring the discretion or to resolve a disagreement among the trustees as to the exercise of a discretion. The court may also provide advice or direction where there is a disagreement between the trustee and the beneficiary of the trust, as was the case in Wilkinson v. Neary, [1995] 1 All E.R. 431 (Ch. Div.).
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