Fiduciary Cannot Avoid Liability By Delegating

In Resulting Trust Claims

The Sas Law Society reasons for judgment re unprofessional solicitor conduct, repeated a basic rule of trusts-( 2015 LSBC 19, April 20,2015 at paragraph 220)- a trustee cannot avoid liability by using the defence of having delegated core authority to an employee.

The exception would only be if the employee was fraudulent where it couldn’t be reasonably for-seen or determined by the employer using proper Supervision.

The judgment cited as authority for the proposition a one line reference at paragraph 140 of Rowland v. Vancouver College Ltd., 2001 BCCA 527 at paragraph 140 that states” Nor is delegation of core authority permissible under trust law.

Trevor Todd

Trevor Todd is one of the province’s most esteemed estate litigation lawyers. He has spent more than 50 years helping the disinherited contest wills and transfers – and win. From his Kerrisdale office, which looks more like an eclectic art gallery than a lawyer’s office, Trevor empowers claimants and restores dignity to families across BC. He is a mentor to young entrepreneurs and an art buff who supports starving artists the world over. He has an eye for talent and a heart for giving back.