Does the court have to determine whether a judgment is binding on trust that was obtained prior to the judgment being made?
British Columbia, Canada
The following excerpt is from 0731431 B.C. Ltd. v Panorama Parkview Homes Ltd., 2021 BCSC 607 (CanLII):
In BNSF Railway Company v. Teck Metals Ltd., 2016 BCCA 350 at para. 76, Justice Newbury also held that the court has discretion to determine whether the trust arises at the time of judgment or some earlier date, such as when the act that gave rise to the trust occurred.
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