What is the test for terminating a trust where the sole beneficiary of the trust is not entitled to terminate the trust?
Ontario, Canada
The following excerpt is from Kos v. Dobrowolsky, 2007 CanLII 182 (ON SC):
The applicant stressed that since she is the sole beneficiary of the trust, she is entitled to terminate the trust in accordance with the rule in Saunders v. Vautier. On her his part, the respondent submitted that the covenants contained in the Agreement took this particular trust outside the rule in Saunders v. Vautier. Unfortunately, this point was not dealt with by counsel in any great depth either in their facta or oral arguments.
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