Are the client developers entitled to the proceeds of sale of the red lands?
British Columbia, Canada
The following excerpt is from Thorne Riddell Inc. v. Rolfe, 1983 CanLII 312 (BC CA):
In all the circumstances, I would refer this part of the matter back to the court below for a trial of an issue whether the client developers are entitled to the proceeds of sale of the red lands. The major questions which will arise in determining that issue, as I see it, will be: 1. Were the red lands included in the lands which Abacus undertook to hold in trust for the client developer? 2. If they were not, does the rule in Keech v. Sandford apply so as to require Abacus to account for those lands to the client developers and, if so, on what terms?
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