Court Order For Disclosure
Summary
In Ontario, co-estate trustees can seek a court order to disclose a disclaimer if one trustee refuses. This is due to their fiduciary duty to act in the best interests of the estate. The Ontario Superior Court in Geffen v Goodman Estate, [1991] 2 SCR 353, established that solicitor-client privilege may be breached to ensure fairness among beneficiaries. Other relevant cases include Fales v Canada Permanent Trust Co, Re Knoch, and Smith v Rotstein, which emphasize trustees duties to act impartially, disclose material facts, and the consequences of breaching fiduciary duties.Full Conversation
what precedence exists for this because this involves client-solicitor privilege
In Ontario, Solicitor-Client privilege is a fundamental principle. However, in the context of estate administration, the Ontario Superior Court in "Geffen v Goodman Estate, [*] * SCR *" stated that privilege may be breached in the interest of fairness among beneficiaries.
tell me about Ontario Superior Court in "Geffen v Goodman Estate, [*] * SCR *"
"Geffen v Goodman Estate, [*] * SCR *" is a landmark case from the Supreme Court of Canada. It established that a lawyer who is also an estate trustee has a fiduciary duty to the beneficiaries. This may override solicitor-client privilege in order to ensure fairness among the beneficiaries.
give me more precedence cases
Sure, here are a few more relevant cases:
*. "Fales v Canada Permanent Trust Co, [*] * SCR *" - Trustees must act impartially between beneficiaries.
*. "Re Knoch, [*] OJ No * (HCJ)" - Trustees must disclose all material facts.
*. "Smith v Rotstein, * ONSC *" - Breaching fiduciary duty can lead to removal of the trustee.