Sidney and North v British Columbia 2016 BCSC 589

Wills & Trusts Law Reports | January/February 2017 #166

The petitioner, a non-profit society, became the trustee (T) of a charitable purpose trust of land and premises. T sought construction and amendment of the trust deed.

The trust deed provided, inter alia, that a certain portion of the land in the trust known as the Cenotaph Area be held in trust as a site solely for the purposes of a memorial cairn for Canadian soldiers killed in World War I. If any part of the lands in the trust were expropriated, the trustee was to use any expropriation proceeds to purchase other land and hold the balance of the proceeds in trust for th...