Brian J. Smith

The applicant, a teacher with multiple sclerosis, sought judicial review of the Human Rights Commission's decisions refusing to refer her complaints of discrimination and reprisal to a Board of Inquiry.

The Divisional Court dismissed the application, finding that the Commission's decisions were not patently unreasonable as there was ample evidence to support its conclusions regarding the school board's accommodation efforts and the union's representation.

The Court also rejected the applicant's claims of procedural unfairness, including an argument based on the doctrine of legitimate expectations.

The appellant appealed the dismissal of his claims regarding the distribution of proceeds from two estate-freeze trusts.

The appellant was a potential beneficiary, but the trustees exercised their broad discretion to deny him any benefit.

The appellant argued there was a triable issue of breach of trust and fraud on a power.

The Court of Appeal dismissed the appeal, finding no triable issue of breach of trust given the trustees' broad discretion.

The Court further held that even if the distribution were set aside for fraud on a power, the trustee would retain discretion and had made it clear he would not exercise it in favour of the appellant.