What is the test for establishing a trust in a management agreement?
Ontario, Canada
The following excerpt is from P.I.A. Investments Inc. v. Deerhurst Limited Partnership, 2000 CanLII 16819 (ON CA):
I do not agree with either argument. For a trust to come into existence it must have three essential characteristics: certainty of intention to create a trust, certainty of subject matter and certainty of object: Air Canada v. M&L Travel Ltd. (1993), 1993 CanLII 33 (SCC), 108 D.L.R. (4th) 592 (S.C.C.) The language of the management agreement does not, in my view, demonstrate an intention to create either of the trusts urged by the parties.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for terminating a trust where the sole beneficiary of the trust is not entitled to terminate the trust? (Ontario, Canada)
When a motion judge approved the sale agreement and technology license agreement and approval of the sale and sale agreement, what analysis applied? (Ontario, Canada)
Does s. 43(2) of the Rules of Civil Procedure apply to a trust in a trust? (Ontario, Canada)
What is the test for establishing a trust in a commercial transaction? (Ontario, Canada)
Is a resulting or constructive trust not a constructive trust? (Ontario, Canada)
Is an entire agreement clause binding a party to whom the agreement was signed? (Ontario, Canada)
What is the remedy of constructive trust available to a plaintiff in a constructive trust action? (Ontario, Canada)
Can a union local commence an action for declarations that certain employment agreements and escrow agreements are void? (Ontario, Canada)
What is the effect of the parties’ agreement on the division of net family property pursuant to the terms of the agreement? (Ontario, Canada)
Can an agreement between a father and his partner establish a status quo? (Ontario, Canada)
