What is the test for determining fair and reasonable treatment of a trust?
Manitoba, Canada
The following excerpt is from The Estate of Rubin Levene, 2006 MBQB 236 (CanLII):
[53] In exercising this broad discretion and determining what is “fair and reasonable”, the factors considered by the court are those set out in Re Toronto General Trusts v. Central Ontario Railway (1905)[1]: (a) the magnitude of the trust; (b) the care and responsibility springing therefrom; (c) the time occupied in performing its duties; (d) the skill and ability displayed; (e) the success which has attended its administration.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for determining whether a seizure is reasonable and reasonable? (Manitoba, Canada)
Does a judge have to determine whether a fence through which a steer escaped from a pasture is reasonably adequate for the purpose of containing cattle? (Manitoba, Canada)
How should a court consider the promotion of diversity and multiculturalism when determining the reasonableness of an administrative action? (Manitoba, Canada)
How have courts interpreted the inadmissible chain of reasoning of the Inad-missible Chain of reasoning? (Manitoba, Canada)
How has quantum meruit or value survived been used to determine the value of a constructive trust? (Manitoba, Canada)
What factors will be considered in determining whether a trustee can make a profit out of the trust? (Manitoba, Canada)
Does a constructive trust invoked by the wife in a separate civil action against the husband be considered a remedy of constructive trust? (Manitoba, Canada)
When can a beneficiary of a trust vary or terminate the trust? (Manitoba, Canada)
What is the test for determining the proper measure of damages for third tier lending? (Manitoba, Canada)
What is the impact of the sophistication of the individual defendant on the determination of inherent prejudice in a motion? (Manitoba, Canada)
