What is the "undertaking" component to the first element of a trustable trust?
Alberta, Canada
The following excerpt is from ADM Measurements Ltd. v. Bullet Electric Ltd., 2012 ABQB 150 (CanLII):
The “undertaking” component to the first element was identified by Cromwell J. in Galambos v. Perez, 2009 SCC 48, [2009] 3 S.C.R. 247, at paras. 67, 77. That undertaking “… may be found in the relationship between the parties, in an imposition of responsibility by statute, or under an express agreement to act as trustee of the beneficiary’s interests.”: Elder Advocates, at para. 32.
"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
Is a gross royalty trust a valid trust document? (Alberta, Canada)
What is the necessary mental element to prove that a threat uttered with the intent to intimidate or cause fear has the required mental element? (Alberta, Canada)
Can a breach of trust be validated by the actions of the cestui que trust? (Alberta, Canada)
What are the elements of knowing assistance required for an intermeddler or stranger to the breach of trust or fiduciary duty? (Alberta, Canada)
What is the difference between expressing trust and constructing trust and unjust enrichment? (Alberta, Canada)
What are the elements of unjust enrichment and constructive trust? (Alberta, Canada)
Is a client’s instructions not to obey trust conditions an excuse for breach of trust conditions? (Alberta, Canada)
Can a deliberate admission be framed in terms of an element or elements of the indictment? (Alberta, Canada)
Does the implied undertaking of an implied undertaking apply to the use of a searchable searchable database? (Alberta, Canada)
How is constructive trust adjudicated in the context of a constructive trust claim? (Alberta, Canada)
