Saskatoon Lighthouse: Court overturns decision that called for director's removal
A 2021 court order to remove Lighthouse Supported Living Inc. director Don Windels from the organization has been overturned by the Saskatchewan appeal court.
The March 20 decision written by Justice Brian Barrington-Foote says the King’s Bench judge failed to give Windels the opportunity to “know and meet the case against him,” and applied a remedy far beyond what was asked for by those who brought the case.
Several board members pursued the action in 2021 under a law that allows stakeholders in an organization to seek a remedy for misconduct, referred to as an “oppression remedy,” following an investigation by MNP that revealed a pattern of financial misconduct.
The case focused on a number of loans from the Lighthouse to Windels and his associates, and potential misappropriation of money from the Blue Mountain Adventure Park, which the Lighthouse owns, through a summer-student funding scheme involving a separate organization owned by Windels.
“I do not suggest that the respondents did not have a legitimate cause for concern or to assert what they reasonably believed to be in the best interests of this important charity,” Barrington-Foote wrote.
The King’s Bench judge put “an extraordinary measure of responsibility and authority” on Windels, overlooking the actions of the board and other actors, the appeal says.
“There is no doubt that Lighthouse made an ill-advised personal loan to Mr. Windels to enable him to buy the Walmer house. That loan did not advance its charitable mission. Mr. Windels does not dispute these facts. Nor does he deny that he received other loans from Lighthouse and that he and members of his family rented houses to Lighthouse, which it used in carrying out its charitable mandate by providing low-income shelter to clients in Saskatoon,” Barrington-Foote writes.
The appeal court did not weigh in on whether Windels had committed acts of oppression — that will be up to a Court of King’s Bench judge to decide as the case is retried.
Windels returned to his role at the Lighthouse in February, although the organization remains under the financial control of an MNP auditor following a Feb. 24 court decision. A judge will review the status of the financial receivership again on April 13.
CTVNews.ca Top Stories
Quebec nurse had to clean up after husband's death in Montreal hospital
On a night she should have been mourning, a nurse from Quebec's Laurentians region says she was forced to clean up her husband after he died at a hospital in Montreal.
Northern Ont. lawyer who abandoned clients in child protection cases disbarred
A North Bay, Ont., lawyer who abandoned 15 clients – many of them child protection cases – has lost his licence to practise law.
Bank of Canada officials split on when to start cutting interest rates
Members of the Bank of Canada's governing council were split on how long the central bank should wait before it starts cutting interest rates when they met earlier this month.
Maple Leafs fall to Bruins in Game 3, trail series 2-1
Brad Marchand scored twice, including the winner in the third period, and added an assist as the Boston Bruins downed the Toronto Maple Leafs 4-2 to take a 2-1 lead in their first-round playoff series Wednesday
Cuban government apologizes to Montreal-area family after delivering wrong body
Cuba's foreign affairs minister has apologized to a Montreal-area family after they were sent the wrong body following the death of a loved one.
'It was instant karma': Viral video captures failed theft attempt in Nanaimo, B.C.
Mounties in Nanaimo, B.C., say two late-night revellers are lucky their allegedly drunken antics weren't reported to police after security cameras captured the men trying to steal a heavy sign from a downtown business.
What is changing about Canada's capital gains tax and how does it impact me?
The federal government's proposed change to capital gains taxation is expected to increase taxes on investments and mainly affect wealthy Canadians and businesses. Here's what you need to know about the move.
New Indigenous loan guarantee program a 'really big deal,' Freeland says at Toronto conference
Canada's Deputy Prime Minister Chrystia Freeland was among the 1,700 delegates attending the two-day First Nations Major Projects Coalition (FNMPC) conference that concluded Tuesday in Toronto.
'Life was not fair to him': Daughter of N.B. man exonerated of murder remembers him as a kind soul
The daughter of a New Brunswick man recently exonerated from murder, is remembering her father as somebody who, despite a wrongful conviction, never became bitter or angry.