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The court dismissed an urgent application by community members seeking to halt the sale of a YMCA camp property, finding no trust relationship existed.
The applicants, members of the Geneva Park community and Friends of Geneva Park, brought an urgent application seeking declarations of trust (implied, constructive, resulting, or charitable purpose trust) over the Geneva Park property, an order for directions or investigation under the Charities Accounting Act, production of the sale agreement, a Certificate of Pending Litigation, and an interim injunction to prevent the sale of the property by YMCA of Simcoe/Muskoka (YSM) to a private purchaser.
The applicants argued that their historical donations and contributions created a beneficial interest or trust.
The court dismissed the application, finding no evidence to support the creation of any trust, no misuse of charitable funds by YSM, and that granting an injunction or CPL would be unjust and inequitable, as the sale was a reasonable solution for the financially struggling charity.
Appeal from dismissal of leave to commence a derivative action against a non-profit director dismissed.
The appellants, former directors of a non-profit daycare centre, appealed the dismissal of their application for leave to commence a derivative action against a former director and administrator for alleged misappropriation of funds.
The Court of Appeal upheld the application judge's finding that the action was bound to fail, noting that the board of directors and the Public Guardian and Trustee had already investigated the allegations and taken no action.
The appeal and leave to appeal costs were dismissed.
