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Business Trusts: Can They Sue or Be Sued? The Curious Case of Sunrise Reit
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Date: December 3 2007 |
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In a peculiar development in early 2007 — at least from the perspective of estates and trust law—two applications were brought before the Commercial List of the Ontario Superior Court of Justice in which business trusts were named as parties in their own right. In the first case,
Ventas Inc. v. Sunrise Senior Living Real Estate Investment Trust, two business trusts were named as respondents. In a subsequent application, these same trusts were named as applicants. Have business trusts acquired juristic personality so that they can sue and be sued?
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