Kawaley J
IN THE GRAND COURT OF THE C
Reasons Circulated: 19
4 At the beginning of the trial I
• the Trust initially provided for the Set
• the Settlor returned to South
• he received advice from an in-house
of Royal Trust Corporation of Canada in February
manager still required the Settlor’s
• during a May 201
• D2 learned more about the Set
• D2’s son recommended LD as
• in July 2012
• at no point throughout his dealings with
• despite generally displaying an impressive grasp of
23 Dr PC was an attorney who
about potential side-effects surprising, bearing in
LD was a countryman of the Set
• D1 and her husband introduced the
I did not find it necessary to decide
Various cases helped to illustrate how the courts
influence the precise level of understanding required
‘...The question is not so much
• the Settlor’s May
the language used in the Settlor
attempts were made by the Trustee
progressively worsening condition such as dementia in
should have been no anxiety whatsoever about the
• Ms SD reported that the Sett
(a) July 13,