The Manitoba Court of Appeal also found that a «
beneficiary need not suffer an actual loss in order
to be entitled
to a remedy» (at paragraph 23) and «given the shameful conduct on the part of the appellant fiduciary» (at paragraph 26) it ordered the appellant
to pay the funds
to the court pending the
final outcome of the administration of the estate, while repeatedly emphasizing the obligations of a committee and the lengths the court will
go to in upholding this fiduciary relationship.