Does s. 43(2) of the Rules of Civil Procedure apply to a trust in a trust?
Ontario, Canada
The following excerpt is from Hartman Estate v. Hartfam Holdings Ltd., 2006 CanLII 266 (ON CA):
As Taylor v. Davies is not binding and I do not find its reasoning persuasive, I decline to follow it. Accordingly, I would give s. 43(2) its plain meaning and hold that the proposed trust claims falls within the second exception in s. 43(2).
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