(1) The trust deed
 Wychwood Park is a small community of 60 residential
houses in the Bathurst Street and Davenport Road area of
Toronto. The properties are subject to the trust deed, which was
entered into on July 3, 1891 by the original owners of the various parcels of land comprising the park and registered on title
with the registry office of the County of York.
 Under the terms of the trust deed, the original covenantors
agreed to appoint trustees to hold certain roadways, drives, a
park reserve and stipulated land reservations in Wychwood
Park (the “common property”) as private property for the benefit
of the original covenantors and “all persons hereinafter claiming
through or under them any portion of the said property”.
For this purpose, the original contracting parties granted their
respective interests in the lands comprising the common property in Wychwood Park to the trustees, upon several express
trusts. Three of the covenantors were appointed under the trust
deed as the initial trustees of the trust thereby created.
 The first trust provision under the trust deed charges the
trustees “to keep the [common property] in good repair and
order for the benefit of the owners from time to time being of the
remaining portion of the said property”. It also authorizes the
trustees to require the respective property owners in Wychwood
Park to pay an annual levy or charge, in the sum of $500,
together with such “sums as may be necessary to pay the taxes
of the then current year” in such amount as is proportionate to
the value of the lands owned by each affected landowner, exclusive of the buildings thereon and the common property. The
stated purposes of the annual levy are twofold: ( i) “maintaining
and keeping the [common property] in good repair and order”;
and ( ii) “paying the taxes due in respect thereof”.
 The concluding language of the first trust provision reads
[T]he respective amounts so payable by the respective owners of any portion
of said property to the trustees after said demand shall be forthwith payable
by them respectively and shall be a charge upon the portion of the said
lands held by said owners or his, her or their executors, administrators or
assigns or anyone claiming under him, her or them and shall be a first lien
and encumbrance thereon and take priority over all incumbrances existing
thereon and shall in case of non payment be recoverable from the party in
default, his, her or their executors, administrators or assigns.
 The remaining trust provisions of the trust deed provide
for such matters as the appointment of new trustees; the