BRUCE COUNTY – Following a public hearing on Friday, Nov. 12, 2021, Justice G. D. Lemon of the Ontario Superior Court of Justice determined that Bruce County breached the restricted purpose of the charitable Bruce A. Krug Estate trust.
Bruce County had used trust funds to purchase a property at 254 High St. for the expansion of the Bruce County Museum and Cultural Centre.
“We (Bruce County council) accept His Honour’s decision that we made mistakes in the purchase of 254 High St. We are eager to work towards a resolution with the Public Guardian and Trustee, and Estate Trustee, in this litigation,” said Bruce County Warden Janice Jackson. “The last will and testament of Bruce A. Krug bequeathed $500,000 for the storage and display of archives at the County Archives building. In 2018, we purchased property to expand the archival services of the museum. Our goal has always been to realize the public interest on this property, for the public good. We look forward to engaging with the community to achieve this.”
On March 21, 2019, Bruce County received an Ontario Superior Court of Justice application from Blaney McMurtry LLP, the solicitor representing Laura Robinson and The Southampton Cultural Heritage Conservancy. The application included an injunction restraining Bruce County from continuing any demolition or removal activities at 254 High St. in Southampton, cancelling any demolition permits, and declaring that the county breached the restricted purpose of the charitable trust created by the estate gift from Bruce A Krug. As a response to legal proceedings initiated by Blaney McMurtry LLP, Bruce County issued its own application to the Ontario Superior Court of Justice to obtain opinion, advice, and direction to continue to move forward with the museum expansion.
The last will and testament of Bruce A. Krug bequeathed $500,000 and a portion of the residual of his estate for “the county archives building for the storage and display of the archives of the county, in memory of Bruce and Howard Krug.”
Note: The Herald-Times published a story on Justice Lemon’s decision. The decision included comments about the county’s improperly-held closed meetings regarding the issue, in addition to the purchase being a breach of the charitable trust.
