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CanLII - 2009 CanLII 60408 (ON S.C.)
Construction Lien Trust [11] That decision makes the point that where a breach of trust is alleged, the initial onus is on the plaintiff to prove the existence of the trust by showing three elements:
(a) the owner received money on account of the project;
(b) that the plaintiff supplied materials on that project; and
(c) the plaintiff was not paid.
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[32] In my view the defendants
cannot be allowed to benefit from their refusal to supply the plaintiff with the
required information. It would be deleterious to provide an incentive to
trustees to avoid keeping beneficiaries informed, despite their requests. The
defendants should not benefit when the beneficiaries act reasonably in the face
of an information gap created by the defendants. The advantage of this principle
is that it provides an incentive for the contractor or owner to be forthcoming
in the provision of information, but still requires the supplier or
subcontractor to be proactive in making information requests. In other words if
there is a duty imposed on the one party to inquire, there is a like duty on the
other party to answer
Murano v. Bank of Montreal, 1995 CanLII 7410 (ON S.C.)
It is an implied term of the contract between a banker and its customer that the banker will not divulge to third parties, without the consent of the customer, either the state of the customer’s account, or any transactions with the Bank, or any information relating to the customer acquired through the keeping of an account.
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the disclosure in this case was not reasonably necessary for the protection of
the Bank’s own interest or for the protection of the public -
To what information does the obligation of secrecy extend? It clearly goes
beyond the state of the account, that is, whether there is a debit or a credit
balance, and the amount of the balance. It must extend at least to all of the
transactions that go through the account, and to the securities, if any, given
in respect of the account; and in respect of such matters it must, I think,
extend beyond the period when the account is closed, or ceases to be an active
account. It seems to me inconceivable that either party would contemplate that
once the customer had closed his account the bank was to be at liberty to
divulge as it pleased the particular transactions which it had conducted for the
customer while he was such - 3 more annotations...
Ledrew v. Conception Bay South (Town), 2003 NLCA 56 (CanLII)
The municipality cannot, therefore, simply be called upon to account in the manner that a trustee, an agent or a mortgagee in possession can be required to account for the handling of property or funds rightly belonging to the person seeking the accounting.
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The municipality cannot, therefore, simply be called upon to account in the
manner that a trustee, an agent or a mortgagee in possession can be required to
account for the handling of property or funds rightly belonging to the person
seeking the accounting.
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