Can a trustee bring an action in his own name on behalf of beneficiaries?
Alberta, Canada
The following excerpt is from 155569 Canada Limited v. 248524 Alberta Ltd., 2000 ABCA 41 (CanLII):
The rule in Foss v. Harbottle ensures that the person legally entitled to bring a claim is the party that does so. Since Rule 43 specifically empowers a trustee to bring an action in its own name on behalf of the beneficiaries, the party legally entitled to bring the claim is the party before the court. Thus, the rule in Foss v. Harbottle is not offended.
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