Can a trust be terminated before the purposes of the trust have been fulfilled?
Ontario, Canada
The following excerpt is from Lomas v. Rio Algom Limited, 2010 ONCA 175 (CanLII):
Second, apart from the rule in Saunders v. Vautier, I am unaware of any trust law principle that allows the court to terminate a trust before the purposes of the trust have been fulfilled. [See Note 40 below] Indeed, the inherent power of the court to vary a trust is so limited that legislation was required to provide the court with adequate power in that regard. [See Note 41 below]
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