In a recent decision on an application by Royal Trust Corporation of Canada, Justice Mitchell of the Ontario Superior Court of Justice found a donation in a will to be contrary to public policy. The will of Dr. Victor Priebe contained an award or bursary to be provided to "Caucasian (white) male, single, heterosexual students" and to a "hard-working, single, Caucasion white girl who is not a feminist or lesbian". A charitable trust may be void on the ground of public policy to the extent that it discriminates on the basis of race (colour, nationality, ethnic origin), religion, or sex. Unsurprisingly, the Court had "no hesitation" in concluding that the restrictions in Dr. Priebe's award were contrary to public policy.
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