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WeirFoulds Estates & Trusts Newsletter | Doctrine of Rectification

WeirFoulds Estates & Trusts Newsletter | Doctrine of Rectification

Supreme Court narrows scope of doctrine of rectification


WeirFoulds Estates & Trusts Newsletter

 

Lori Duffy and Megan Mah


Rectification is not equity’s version of a mulligan”: The Impact of the Supreme Court of Canada’s Decision in Fairmont on the Rectification of Wills and Trusts—Case Comment on Canada (Attorney General) v Fairmont Hotels Inc.

The Supreme Court of Canada’s recent decision in Canada (Attorney General) v. Fairmont Hotels Inc. narrows the scope of the doctrine of rectification, and clarifies where it will and will not be applied. In order for the doctrine of rectification to apply, parties must agree upon, and document, a specific plan that the parties intend to implement to achieve their projected results. The Supreme Court’s decision in Fairmont is significant, as it may have important implications on not only the drafting of financing agreements, but also the drafting of trust deeds and testamentary documents.



Canada (Attorney General) v. Fairmont Hotels Inc., 2016 CarswellOnt 19252, 2016 CarswellOnt 19253, 2016 SCC 56, 2016 CSC 56

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