Castanera (Esther G.) Scholarship Fund, Re, (2015) 314 Man.R.(2d) 291 (QB)

JudgeDewar, J.
CourtCourt of Queen's Bench of Manitoba (Canada)
Case DateFebruary 23, 2015
JurisdictionManitoba
Citations(2015), 314 Man.R.(2d) 291 (QB);2015 MBQB 28

Castanera Scholarship Fund, Re (2015), 314 Man.R.(2d) 291 (QB)

MLB headnote and full text

Temp. Cite: [2015] Man.R.(2d) TBEd. MR.022

In The Matter Of: The Esther G. Castanera Scholarship Fund

An application under The Trustee Act, R.S.M. 1987, c. T-160, s. 59

(CI 13-01-84085; 2015 MBQB 28)

Indexed As: Castanera (Esther G.) Scholarship Fund, Re

Manitoba Court of Queen's Bench

Winnipeg Centre

Dewar, J.

February 23, 2015.

Summary:

Castanera's will established a scholarship fund to be used for "needy and qualified women graduates of the Steinbach Collegiate Institute" who would study at the University of Manitoba for a degree in one of the basic sciences. The university applied for directions as to whether the qualification that the fund was to be used for "women graduates" violated the Human Rights Code or public policy.

The Manitoba Court of Queen's Bench held that the qualification that the fund was to be used for "women graduates" did not violate the Human Rights Code or public policy.

Civil Rights - Topic 1066

Discrimination - By sex - What constitutes - Castanera's will established a scholarship fund for "needy and qualified women graduates of the Steinbach Collegiate Institute" who would study at the University of Manitoba for a degree in one of the basic sciences - On an application for directions from the university, the Manitoba Court of Queen's Bench held that the qualification that the fund was to be used for "women graduates" did not violate the Human Rights Code or public policy - The restriction in the scholarship fund was motivated by a desire to promote women in a field that was historically male dominated - The notion that the restriction could be construed as unreasonably discriminatory was "simply not sustainable" - If there was a perception that limiting eligibility to women offended the Code, the Code, itself, provided an exception in s. 13 where "bona fide and reasonable cause exists for the discrimination" - A desire by a woman who had experience in a particular field to promote women in that field in which, historically, they had been under-represented was a bona fide and reasonable cause to direct money to women only - Further, where that purpose was not unreasonable at the time the gift was contemplated, it was not unreasonable for a university to administer such a gift even when progress toward equality had been achieved, unless, in the mind of the public, the gift had become so offensive as to require a variation - The court declined to vary the trust to include men - See paragraphs 23 to 49.

Civil Rights - Topic 1154

Discrimination - Education - On basis of sex - [See Civil Rights - Topic 1066 ].

Civil Rights - Topic 1189

Discrimination - Exemptions or exceptions - General - Differentiation on reasonable and bona fide grounds - [See Civil Rights - Topic 1066 ].

Civil Rights - Topic 7171

Federal or provincial legislation - Application - Exceptions - Reasonable and justifiable contravention - [See Civil Rights - Topic 1066 ].

Trusts - Topic 1123

Charitable trusts - Creation of - Intention - [See Civil Rights - Topic 1066 ].

Trusts - Topic 8055

Variation of trusts - Grounds for variation - Public policy - [See Civil Rights - Topic 1066 ].

Cases Noticed:

Leonard Foundation Trust, Re (1990), 37 O.A.C. 191; 74 O.R.(2d) 481; 1990 CarswellOnt 486 (C.A.), refd to. [para. 25].

Canada Trust Co. v. Ontario - see Leonard Foundation Trust, Re.

University of Victoria v. British Columbia (Attorney General) et al., [2000] B.C.T.C. 155; 185 D.L.R.(4th) 182; 2000 CarswellBC 529; 2000 BCSC 445, refd to. [para. 32].

Counsel:

Maria A. Versace, for the University of Manitoba;

John S. Fergusson, for the Public Guardian and Trustee.

This application was heard by Dewar, J., of the Manitoba Court of Queen's Bench, Winnipeg Centre, who delivered the following judgment on February 23, 2015.

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2 practice notes
  • Charitable Trusts and Discrimination: Two Themes
    • Canada
    • Canadian Journal of Comparative and Contemporary Law No. 2-1, January 2016
    • 1 Enero 2016
    ...]; University of Victoria v British Columbia (AG) , 2000 BCSC 445 [ University of Victoria ]; Re he Esther G Castanera Scholarship Fund , 2015 MBQB 28 [ Castanera ]. I discuss the latter three cases below. 24. Canada Trust, supra note 15 at 348-52. 25. Ibid at 353. 26. Ibid . 27. Ibid . 235......
  • Why and When Discrimination is Discordant with Charitable Status: The Problem with 'Public Policy', The Possibility of a Better Solution
    • Canada
    • Canadian Journal of Comparative and Contemporary Law No. 6-1, January 2020
    • 1 Enero 2020
    ...to understanding the holding in that decision. 50 Third, courts remain predisposed to uncritically accept the charitableness of 46. 2015 MBQB 28 [ Re Castanera ]. 47. Ibid at para 42. 48. Ibid at para 46. 49. Ibid at para 35: I do not interpret their decision [in Canada Trust Co ] on the ch......
2 books & journal articles
  • Charitable Trusts and Discrimination: Two Themes
    • Canada
    • Canadian Journal of Comparative and Contemporary Law No. 2-1, January 2016
    • 1 Enero 2016
    ...]; University of Victoria v British Columbia (AG) , 2000 BCSC 445 [ University of Victoria ]; Re he Esther G Castanera Scholarship Fund , 2015 MBQB 28 [ Castanera ]. I discuss the latter three cases below. 24. Canada Trust, supra note 15 at 348-52. 25. Ibid at 353. 26. Ibid . 27. Ibid . 235......
  • Why and When Discrimination is Discordant with Charitable Status: The Problem with 'Public Policy', The Possibility of a Better Solution
    • Canada
    • Canadian Journal of Comparative and Contemporary Law No. 6-1, January 2020
    • 1 Enero 2020
    ...to understanding the holding in that decision. 50 Third, courts remain predisposed to uncritically accept the charitableness of 46. 2015 MBQB 28 [ Re Castanera ]. 47. Ibid at para 42. 48. Ibid at para 46. 49. Ibid at para 35: I do not interpret their decision [in Canada Trust Co ] on the ch......

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