How has the court considered equitable interest in the context of the issue?
British Columbia, Canada
The following excerpt is from Brown v. Brown, 2011 BCSC 649 (CanLII):
In addition, the court relied on Lord Denning M.R.’s discussion of equitable interest in Wallersteiner v. Moir (No. 2), [1975] 1 Q.B. 373 at 388: . . . in equity, interest is never awarded by way of punishment. Equity awards it whenever money is misused by an executor or a trustee or anyone else in a fiduciary position . . . who has misapplied the money and made use of it himself for his own benefit. . . The reason is because a person in a fiduciary position is not allowed to make profit out of his trust: and, if he does, he is liable to account for that profit or interest in lieu thereof.
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