The appellant, a former senior compliance manager at Toronto-Dominion Bank (TD Bank), appealed the dismissal of her application for lack of standing.
She sought to uncover and remedy alleged regulatory infractions and trust breaches by TD Bank in its mutual fund administration, claiming unjust enrichment and wrongful dismissal.
The motion judge dismissed her application, finding she lacked standing.
The Court of Appeal dismissed the appeal, affirming that the court's inherent jurisdiction to supervise trusts does not negate standing requirements, that the private interest standing test (requiring a personal and direct interest) was correctly applied, and that the appellant failed to plead facts establishing such standing, including as a constructive trustee.
The court also rejected the argument that public interest standing principles should inform private interest standing or that her whistleblower status conferred standing for private litigation.
