“The principles governing a bare trust are not in dispute. They are set out in Rubner v. Bistricer, 2019 ONCA 733.
Those requirements are: (1) the parties have capacity; (2) there must be certainty of intention to create a trust, certainty of subject-matter, and certainty of objects; (3) the trustee must hold legal title to the trust property; and (4) the required formalities must be met. The trustee holds the property without any active duties to perform other than to convey the trust property to the beneficiaries on demand.”