Confidentiality, privacy, and disclosure in and outside the court room in estates and trusts—Canadian perspectives

As set out by the Judicial Committee of the Privy Council in Schmidt v Rosewood Trust , in every case 'the court may have to balance the competing interests of different beneficiaries, the trustees themselves, and third parties'. Arguably, there has been some erosion from the earlier principle that the reasons for a trustee's exercise of discretion will be shielded from disclosure. There will be circumstances in which the interests of justice will require these reasons to be revealed to the beneficiaries, generally in those cases where a breach of fiduciary duty has been alleged.