Can a breach of trust be validated by the actions of the cestui que trust?
Alberta, Canada
The following excerpt is from Principal Savings & Trust Co. v. Smallwood, 1992 CanLII 6214 (AB QB):
Ellis in Fiduciary Duties in Canada (1988), suggests at p. 2-22 that: "… a breach of trust by the trustee can be validated by the actions - or inaction - of the cestui que trust: Brighouse v. Morton, 1929 CanLII 27 (SCC), [1929] S.C.R. 512."
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