In what circumstances can a third party be liable for breach of trust as trustee de son tort?
Ontario, Canada
The following excerpt is from Y.R.C.C. NO. 890 v. RPS Resource Property Services, 2010 ONSC 3371 (CanLII):
In order for a third party to be liable for breach of trust as a trustee de son tort the third party must take on the roll of trustee and commit a breach of trust while acting in such roll: Air Canada v. M & L Travel Ltd., 1993 CanLII 33 (SCC), [1993] 3 S.C.R. 787 (S.C.C.) at para. 32.
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