A group demanding that the Stanley Cup be awarded this year filed a claim against the NHL and the trophy's trustees in Ontario Superior Court on Wednesday...Toronto lawyer Tim Gilbert is leading the application, which is scheduled to be heard July 18 although he hopes to have the date moved up to sometime in May. He hopes to convince the court that Lord Stanley's intention when he donated the Cup in 1892 was to have teams compete for the trophy every year and that the cancellation of the NHL season should not prevent that from happening. Gilbert hopes the court will force Cup trustees Brian O'Neill and Ian (Scotty) Morrison to find teams to compete for the famous trophy this year.What good is it to have a trust over the Cup, with the settlor of the trust being the Governor General at the time the trust was created, without someone taking the trustees to task every now and then. Here is some background I put together in February.
Sacred Trust
Posted by on Thursday, April 14, 2005 in - 5 comments
Comments
Ben - April 14, 2005 10:30 AM
Here's a question -- what about the statute of limitations? If the NHL and the trustees did wrong in 1947, and effectively embezzled/stole the cup, would it not be too late to fix any wrongs done then?
(Hazy memories of the Weldon Building bring this up. Probably am wrong.)
Alan - April 14, 2005 11:24 AM
I'd say a trust conveys constantly current obligation.
Ben - April 14, 2005 6:29 PM
Rule of perpetuities? Guess it doesn't apply in these sorts of cases?
Alan - April 14, 2005 7:01 PM
I think the trust is under one of the old charitable classes so it can go forever. I am away from my three story personal library, however, so I might be wrong about this.
Ben - April 14, 2005 8:17 PM
Had I stuck out the extra four months at Dal and actually taken Equity and Trusts, I would know about such things.