Supreme Court

Decision Information

Decision Content

                                                                                  

                                           IN THE SUPREME COURT OF NOVA SCOTIA

 

Citation:     Kidd Family Trust v. Kidd, 2005 NSSC 209

 

 

                                                                                                                                         Date: 2005 05 17

Docket: SH 246567

                                                                                                                                          Registry: Halifax

BETWEEN:

 

                                                                  The Kidd Family Trust

 

Plaintiff

and

 

Terrance Kidd

 

Defendants

 

 

LIBRARY HEADING

 

Judge:                        The Honourable Justice Gerald R. P. Moir

 

 

Heard: 17 May 2005

 

 

Subjects:        Trustees; Sale by, fiduciary obligations on sale.

 

 

Summary:       Trustees agreed to sell a business to some beneficiaries after a limited exposure to the market.  There was no listing and the agreed price was well below appraisal.  The trustees were sophisticated and had sufficient knowledge and information to make their own judgement about value.

 

 

Issues:             Whether the trustees had complied with their obligation to get the best price reasonably obtainable?

 

 

Result: Trustees were found to have acted within their discretion and in accordance with their duties.           

 

 

 

 

 

 

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