Judge calls Bruce County, Ont.'s behaviour 'atrocious' in trust fund breach
Calling Bruce County’s behaviour “atrocious,” a Superior Court justice has found the county in breach of the terms of a trust fund designed to preserve the region’s history.
“The decision by Justice Lemon is a wonderful one. It’s very good for anyone who believes in transparency and democracy in Bruce County,” says Laura Robinson, a Southampton, Ont.-based heritage advocate who brought forward the legal claim.
Court heard that in 2005, heritage advocate Bruce Krug left behind a $550,000 trust for Bruce County to use to store and display the county’s archives.
In 2018, Bruce County used money from the trust to buy a property right beside the Bruce County Museum and Cultural Centre in Southampton.
The expected intent was to build a new archives storage facility, but two months after the purchase plans changed to involve the demolition of a 123-year Anglican rectory on the grounds and the construction of a Nuclear Innovation Institute.
The Southampton Cultural Heritage Conservancy got involved, and were granted a injunction, temporarily halting the rectory’s destruction.
Local heritage advocates then brought forth a legal claim accusing Bruce County of a “breach of the trust,” and misusing the trust for projects other than its intended purpose.
On Monday, Justice Gordon Lemon agreed, finding Bruce County in breach of the trust, as well as not being transparent enough in their decision-making process.
During a separate investigation last year, 18 closed-door meetings by Bruce County in regards to the Krug trust were found to be unlawful.
“The Krug Trust is a separate legal entity from the county and the county acted as if it was their own money." Robinson says their attitude was, "If we (Bruce County) want to demolish an historic building, and put in a nuclear institute, we can. We can do whatever we want, and we’ll do it all in secret.”
Lemon says he could not determine if the county’s actions were intentional or unintentional, simply saying in his decision, “the county’s behaviour has been atrocious, throughout.”
Bruce County Warden Janice Jackson reacted to the decision in a news release that read, “We (Bruce County Council) accept His Honour’s decision that we made mistakes in the purchase of 254 High St. We are eager to work towards a resolution with the public guardian and trustee, and Estate Trustee, in this litigation."
The 1893 Anglican rectory building still can’t be demolished, says the judge. He’s seeking submissions from all parties involved on what the next steps with the rectory and Krug trust should be.
“We’d like to see it protected. I think we’re fortunate to have it deferred to the public guardian and trustees, to see how the trust can be administered more in accordance with what Bruce Krug intended,” says Alexandra Puthon, with the Southampton Cultural Heritage Conservancy.
As for the Nuclear Innovation Institute, it has found a temporary home at the former Saugeen Shores Police headquarters, in Port Elgin. Bruce County continues to seek a permanent home for it.
No decision has been made on where Bruce County will house its county archives, that still requires a new, permanent home as well.
CTVNews.ca Top Stories
BREAKING Pearson gold heist suspect arrested after flying into Toronto from India
Another suspect is in custody in connection with the gold heist at Toronto Pearson International Airport last year, police say.
Justin and Hailey Bieber are expecting their first child together
Hailey and Justin Bieber are going to be parents. The couple announced the news on Thursday on Instagram, both sharing a video that showcases Hailey Bieber's growing belly.
From outer space? Sask. farmers baffled after discovering strange wreckage in field
A family of fifth generation farmers from Ituna, Sask. are trying to find answers after discovering several strange objects lying on their land.
Debate on abortion rights erupts on Parliament Hill, Poilievre vows he won't legislate
A Conservative government led by Pierre Poilievre would not legislate on, nor use the notwithstanding clause, on abortion, his office says, as anti-abortion protesters gather on Parliament Hill.
Ontario family receives massive hospital bill as part of LTC law, refuses to pay
A southwestern Ontario woman has received an $8,400 bill from a hospital in Windsor, Ont., after she refused to put her mother in a nursing home she hated -- and she says she has no intention of paying it.
Here are the ultraprocessed foods you most need to avoid, according to a 30-year study
Studies have shown that ultraprocessed foods can have a detrimental impact on health. But 30 years of research show they don’t all have the same impact.
Miss Teen USA steps down just days after Miss USA's resignation
Miss Teen USA resigned Wednesday, sending further shock waves through the pageant community just days after Miss USA said she would relinquish her crown.
B.C. man used Bobcat as 'weapon' while chasing away homeless people, judge says
A B.C. man has been convicted of assault with a weapon after using a skid-steer Bobcat to chase two homeless people from his lawn, injuring one of them in the process.
'Nobody should be getting away with murder': Grieving mother speaks out after son killed in North Preston, N.S.
A grieving mother is speaking out after her 36-year-old son was shot and killed in North Preston, N.S., Wednesday night.