www.carters.ca
www.charitylaw.ca
•To change the charitable purpose
of funds, charities must seek the approval of the Ontario
Public Guardian and Trustee (“OPGT”) under the Charities
Accounting Act, not “self-help” remedies
•Supplemental reasons were issued on March
7, 2012 (2012 ONSC 1527 (CanLII))
–The Court awarded the claimed costs of $454,686.19
to the charity and $24,853.95 to the OPGT on a substantial
indemnity cost basis
–The foundation’s unsubstantiated and unproven allegations
of dishonesty and deceit on the part of the charity,
misrepresentations and refusal of two offers to settle justified
the said costs
–The OPGT has the right to claim against
the directors for their role in the
litigation
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