Atinco Paper Products Ltd. v. The Queen, 78 DTC 6387, [1978] CTC 566 (FCA) -- summary under Subsection 104(2)

By services, 28 November, 2015

Gifts were made by the supposed settlor of a trust to her nephews absolutely unencumbered by any limitation on them other than an expressed hope that the ultimate benefit of the gifts would accrue to the benefit of the wives and children of the nephews. The gifts accordingly did not settle a trust nor could a later trust agreement be construed as a valid declaration of trust.

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