Discovery Trust – a trust, whose Alberta trustee (Royal Trust) followed all the requests of the Newfoundland beneficiaries after careful review, was resident in Alberta

A trust with Newfoundland beneficiaries but whose sole trustee was the Calgary office of Royal Trust was resident in Alberta, notwithstanding that essentially everything it did was on the recommendation of the non-Alberta advisors for the Newfoundland beneficiaries.   Royal Trust carefully reviewed each suggested trust action first, before agreeing to it, to ensure that it seemed to be in the interests of the beneficiaries – which indicated that Royal Trust was an independent trustee rather than that the trust’s central management and control was in Newfoundland.

Neal Armstrong. Summary of Discovery Trust v. MNR, 2015 CanLII 34016 (NL SCTD) under s. 2(1).