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
Celine Dion delivers stirring comeback performance at Paris Olympics opening ceremony
Against the rainy Paris night sky, Celine Dion staged the comeback of her career with a powerful performance from the Eiffel Tower to open the Olympic Games.
Jasper wildfire: 'Several weeks' before Jasper can return, premier says
Premier Danielle Smith said Friday afternoon in Hinton while weather conditions are cooler, the Jasper fire is still considered out of control and that Jasper residents can expect to be away from their homes "for several weeks."
Missing 3-year-old boy found dead in creek in Mississauga: police
A three-year-old boy has been found dead a day after he went missing in a park in Mississauga, Peel police say.
Irish museum pulls Sinead O'Connor waxwork after just one day due to backlash
An Irish museum will withdraw a waxwork of singer-songwriter Sinéad O’Connor just one day after installing it, following a backlash from her family and the public, it told CNN in a statement on Friday.
Winnipeg senior's account overdrawn for $146,000 water bill
A Winnipeg senior is getting soaked with a six figure water bill.
Turpel-Lafond won't sue CBC over Cree heritage report that took 'heavy toll': lawyer
The lawyer for a former judge whose claims to be Cree were questioned in a CBC investigation says his client is not considering legal action against the broadcaster after the Law Society of British Columbia this week backed her claims of Indigenous heritage.
Driver charged after flashing high beams at approaching police
Orillia OPP arrested and charged a driver with impaired driving after flashing their high beams.
Health Canada warns some naloxone kits contain false instructions
Health Canada is warning some take-home naloxone kits come with bad instructions that should be ignored in favour of the correct guidance.
Paris dazzles with a rainy Olympics opening ceremony on the Seine River
Celebrating its reputation as a cradle of revolution, Paris kicked off its first Summer Olympics in a century on Friday with a rain-soaked, rule-breaking opening ceremony studded with stars and fantasy along the Seine River.