Primo Poloniato’s Grandchildren’s Trust

Retained by the Children’s Lawyer, which represented the minor, unborn, and unascertained beneficiaries of the Primo Poloniato’s Grandchildren’s Trust. The Children’s Lawyer appealed from an application decision that required the trustee to make income distributions despite the economic downturn. The Children’s Lawyer argued that the application judge failed to interpret the Trust in light of the factual matrix. The Court of Appeal affirmed the decision of the application judge, holding that the Trust contained no provisions that would account for an economic downturn. Leave to the Supreme Court of Canada was denied.