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248 MANITOBA LAW JOURNAL |VOLUME 35 NUMBER 1
regard to the statutory, common law and equitable rules governing the settlement
of accounts between them. 136
It is difficult to avoid the conclusion that in Chupryk the Manitoba Court of
Appeal unwittingly wandered off course and thereby introduced into our law a
needless element of complexity, absent from the law of Ontario. Perhaps in doing
so, they were seduced by misapprehension of the state of Manitoba’s law of settled
estates. But that tale has already been told. It now remains to be examined how,
just two short years after Chupryk, the law of real property, as it relates to
consecutive estates was a properly revolutionized by the advent of the Perpetuities
and Accumulations Act in 1983: a statute which may be seen as making almost
redundant the earlier legislation on settled estates, while creating, at the same
time, perplexities for those who administer Manitoba’s land titles system. To these
and other issues I hope to return presently in another short article.
136
As helpfully explained in Osachuk v Osachuk, (1971), 18 DLR (3d) 413, [1971] 2 WWR 481,
(Man CA).