Tyler Murray

This is an appeal from a Superior Court decision.

The appellants sought to appeal an order of Justice Edward M. Morgan dated June 6, 2018.

The respondents were successful on the appeal.

The court determined costs payable to the successful respondents.

The appellants made a one-million-dollar charitable donation to a mental health hospital for a designated workplace mental health program over three years.

When dissatisfied with the program's progress and reporting, the donor sought an investigation by the Public Guardian and Trustee under the Charities Accounting Act.

The motion judge dismissed the application, finding no evidence of mismanagement or misuse of funds.

The Court of Appeal upheld this decision, finding no error in the motion judge's findings that the funds were properly spent on the designated program and that no public interest was served by ordering an investigation.

The appellant, as estate trustee of the deceased's estate, appealed an order of the Superior Court of Justice.

The Court of Appeal found that the motion judge made several fact-specific discretionary determinations in an unusual factual matrix and that those decisions were entitled to deference.

The court refused leave to appeal and dismissed the appeal, awarding costs to the respondent.