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The art of the deal

Thursday, May 12, 2016 @ 8:00 PM | By Shara Roy and Chris Kinnear Hunter

Long considered the domain of family law and estates lawyers, trusts are increasingly common features of commercial law and litigation. The reason is that the inherent flexibility of a trust is often appealing relative to the more rigid rules and duties associated with contracts, corporations and other types of commercial arrangements.

A recent decision reflects the limits of using trusts to supplant more traditional commercial arrangements.

In Khavari v. Mizrahi [2016] ONSC 101, the parties had agreed to develop two residential projects. The plaintiff was to...