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.
