The Law in Ontario
Leading
Case:
Public
Trustee v. Toronto Humane Society et. al [1987] O.J. No. 534
Status
of Directors:
“Without going the length of holding that the Society is
in all respects and for all purposes
a trustee, I have concluded that it is answerable in certain respects for its activities and the disposition of its property as
though it were a trustee.”
Quoting
from Re French Protestant Hospital:
“Addressing the status of the directors, Danckwerts J.
says at p.570 ‘….it seems to me
plain that they are, to all intents and purposes, bound by the rules which affect trustees.’ I am in respectful agreement with that
conclusion and deem it applicable
to the remuneration of the Society.”
Court’s
Jurisdiction:
“There is broad inherent jurisdiction in the court in
charitable matters exercisable by virtue
of its special position in the law of charities.”
“…I am satisfied that it is amenable to the ancient
supervisory equitable jurisdiction of
the court”
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