Does the trust rule in Saunders v. Vautier allow employees to circumvent statutory procedure and defeat the objective of the legislative scheme?
Ontario, Canada
The following excerpt is from Lacroix v. Canada Mortgage and Housing Corporation, 2012 ONCA 243 (CanLII):
However, Rothstein J. was careful to distinguish the case before him and, for example, the situation in Buschau. At para. 46 of his reasons, he said: "By contrast, in Buschau, the application of the trust rule in Saunders v. Vautier would have allowed the employees to circumvent the statutory procedure and defeat the objective of the legislative scheme".
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