Fleming Estate v. Fleming

This case involved a groundfish licence that was transferred by a father to one of six sons. After his death, the father’s estate commenced an action alleging that the licence was held pursuant to an express trust to hold it for the benefit of the holder’s other siblings. After citing recent jurisprudence involving express trusts over fishing licences, the court declined to find a trust on the grounds that the the plaintiff failed to establish certainty of intention and certainty of object.