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
NEW Is there a cost to convenience? Canada approves new cancer immunotherapy treatment
A new cancer treatment recently approved in Canada promises to cut treatment time down to just minutes, but experts have differing opinions on whether it's what's best for patients.
Air Canada walks back new seat selection policy change after backlash
Air Canada has paused a new seat selection fee for travellers booked on the lowest fares just days after implementing it.
Canada's new dental program offering hope of free care to millions but many dentists aren't signed up
A new Canadian dental care program is offering the hope of free care to millions, but while 1.7 million people have signed up for the plan, only about 5,000 dentists have done the same.
Province boots mayor and council in small northern Ont. town out of office
An ongoing municipal strike, court battles and revolt by half of council has prompted the province to oust the mayor and council in Black River-Matheson.
King Charles III returns to public duties with a trip to a cancer charity
King Charles III returned to public duties on Tuesday, visiting a cancer treatment charity and beginning his carefully managed comeback after the monarch's own cancer diagnosis sidelined him for three months.
NDP says Ottawa's new grocery task force isn't living up to government promises
The federal government says the task force it created to monitor and investigate grocery retailers' practices has not conducted any probes and doesn't have a mandate to take enforcement action.
A group of Toronto tenants have been on a rent strike for a year and say there's no resolution in sight
Dozens of tenants in Toronto's Thorncliffe Park area have now been withholding their rent for one year, and it’s unclear when the dispute will end.
U.K. police arrest man wielding a sword in east London, 5 people are taken to the hospital
A man wielding a sword attacked members of the public and two police officers on Tuesday in the east London community of Hainault before being arrested, police said.
Archeologists search for remnants of Halifax's 250-year-old wall that surrounded the city
Archeologist Jonathan Fowler is using ground-penetrating radar to search for historic evidence of the massive wall that surrounded Halifax more than 250 years ago.