The Boundaries of Corporate Law and Trust Law: An Analysis of Locking v. McCowan

@inproceedings{Anand2016TheBO,
  title={The Boundaries of Corporate Law and Trust Law: An Analysis of Locking v. McCowan},
  author={Anita I. Anand and Edward M. Iacobucci},
  year={2016}
}
There is an increasing trend among real estate investment trusts (REITs) to employ corporate law duties in formulating the duties of trustees. We contend that this approach represents a fundamental misunderstanding of the trust versus corporate law. To illustrate this point, we examine the case of Locking v. McCowan, a decision that we claim underscores the conceptual uncertainty regarding the extent to which corporate law applies in the income trust context. We argue that the case takes into… CONTINUE READING