In a January, 2022 ruling, Justice Lemon of the Ontario Superior Court of Justice deemed that Bruce County had breached a ‘restricted purpose’ of the Charitable Bruce A. Krug Estate trust and, on May 13, 2022, he order that the County will pay Laura Robinson and The Southampton Cultural Heritage Conservancy a fixed amount of $140,000 for legal costs.
The County had purchased the land adjacent to the Bruce County Museum and Cultural Centre which included the former St. Paul’s Anglican Church rectory. The property had been purchased with funds from the Krug estate held in trust by the County with a view to expand the current Archives division of the Museum.
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.”
“In 2018, we (the County) purchased the adjacent property to expand the current Archival Services of the Museum,” said Bruce County Warden Janice Jackson. “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.”
The plans for the property included the location of a nuclear innovation institute of technology overlooking Fairy Lake, similar to that of the Perimeter Institute in Waterloo, and the demolition of the rectory. The institute did not come to fruition however, when a group of residents opposed the location and demolition.
The institute, known as the Nuclear Innovation Institute, was instead located in Port Elgin in what was the former Saugeen Shores Police Services building.
On March 21, 2019, Bruce County received an Ontario Superior Court of Justice Application from solicitor Blaney McMurtry LLP, brought about by Southampton resident Laura Robinson and the newly formed, at that time, Southampton Cultural Heritage Conservancy. The Application included an injunction restraining Bruce County from continuing any demolition or removal activities at the 254 High Street property in Southampton, cancelling any demolition permits, and declaring that the County had, in fact, 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 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.
“We (Bruce County Council) accept His Honour’s decision on legal cost payment related to the decision made on the County’s purchase of 254 High Street. We continue to work towards a resolution with the Public Guardian and Trustee, and Estate Trustee, in this litigation,” adds Warden Janice Jackson.
