Estate Planning

Public Guardian and Trustee Declines to Intervene at Humane Society

By Hull & Hull LLP

The Globe and Mail reports that the Office of the Public Guardian & Trustee has recently declined a request by the Ontario Society for the Prevention of Cruelty to Animals to appoint an interim supervisor to oversee the Toronto Humane Society in the wake of the arrest of several staff members for animal cruelty. 

In Ontario, the Public Guardian & Trustee maintains oversight of the use of charitable property and has the authority to investigate charities regarding that use. 

In particular, the following are the general areas in which the Public Guardian & Trustee has the authority to investigate and intervene:

1. Allegations charitable property is not being used for its intended purpose;
2. Allegations that property is held in breach of legislation; and
3. Complaints regarding those responsible for the administration of a charity, provided the complaint relates to how property is being administered.

There are a number of areas where the Public Guardian & Trustee does not have the right to intervene, including corporate governance issues, income tax issues, landlord-tenant disputes, and employment matters. 

The rationale the Public Guardian & Trustee has provided for declining to appoint a supervisor is that oversight of Toronto Humane Society is ultimately a corporate governance issue and that, as a result, it lacks authority to do so. It also does not have the authority to replace the board of directors of a charity, which it could be effectively doing by appointing a supervisor. 

Have a great day,

Megan F. Connolly

Megan F. Connolly - Click here for more information on Megan Connolly.

Full post as published by Toronto Estate Law Blog on November 30, 2009 (boomark / email).