Can a stranger to the trust be held personally liable for breach of trust?

British Columbia, Canada


The following excerpt is from Haida Nation v. British Columbia (Minister of Forests), 2002 BCCA 462 (CanLII):

In Air Canada v. M & L Travel Ltd., 1993 CanLII 33 (SCC), [1993] 3 S.C.R. 787; (1993), 108 D.L.R. (4th) 592 (S.C.C.), Mr. Justice Iacobucci, for the majority, said this, at p.607-8 (D.L.R.), under the heading "General Principles": Second, strangers to the trust can also be personally liable for breach of trust if they knowingly participate in a breach of trust. . . . [T]here were traditionally therefore two ways in which a stranger to the trust could be held personally liable to the beneficiaries as a participant in a breach of trust: as one in receipt and chargeable with trust property and as one who knowingly assisted in a dishonest and fraudulent design on the part of the trustees. The former category of constructive trusteeship has been termed "knowing receipt" or "knowing receipt and dealing", while the latter category has been termed "knowing assistance". (my emphasis)

Other Questions


Can a stranger to a trust be personally liable for breach of trust? (British Columbia, Canada)
Can a stranger to a trust be found liable for knowingly participating in a fraudulent breach of trust? (British Columbia, Canada)
Can a stranger to a trust be held liable as a constructive trustee for breach of trust? (British Columbia, Canada)
If a person acts within their legal rights, is that person liable even if another person suffers a loss? (British Columbia, Canada)
Can knowing assistance result in a stranger being found liable for knowingly participating in a fraudulent breach of trust? (British Columbia, Canada)
Can a stranger to the trust be held personally liable to the beneficiaries? (British Columbia, Canada)
Is there any case law that supports the proposition that a person who is not a trustee of a trust is entitled to the same amount of money as a fiduciary trust? (British Columbia, Canada)
How does a resulting trust arise when a person contributes to the purchase price of a property and the property is then placed in another person's name? (British Columbia, Canada)
Is a trustee liable for any loss to the trust estate if the trust funds were left uninvested for an unreasonable amount of time? (British Columbia, Canada)
Can a stranger to the trust be deemed to have known of the trust? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.