The Minister of Revenue reassessed two trusts, the Herman Grad 2000 Family Trust and the Marya Grad Spousal Trust, for provincial taxes on the basis that they were resident in Ontario, not Alberta, during the 2006 to 2009 taxation years.
The trusts appealed, arguing their trustees resided in Alberta and exercised management and control there.
The Superior Court of Justice dismissed the appeals, finding that the central management and control of both trusts was actually exercised by the settlor and his financial advisor, both resident in Ontario, who directed the trusts' investment and distribution decisions.
