11/15/2023
NO Rumours - JUST Facts
To Whom this may concern,
The Mayne Island Community Centre Society (MICCS) filed a "Notice of Claim" in the Victoria Registry on 05-Sep-23. Defendants are: Adrian Gowing, Carol Ashwell, Bruce Roberts, Robert Wilband, Bernie Peets, Sharon Bunnin, Judy Wolfe, Laurie Cooke, and William (Jon) Sanders. This claim is for "breach of trust, conversion, debt, and damages" in the amount of $24,078.
A "Notice of Settlement Conference" has been scheduled for January 10, 2024. "A settlement conference provides both parties in a legal dispute with the opportunity to sit with a BC Provincial Court judge to explore ways to settle their case without going to trial." MICCS has asked for accounting of Society funds so we can hopefully resolve issues.
MICCS is an incorporated, non-profit, charitable, society and is registered to remit ITCs (reimbursable tax credits) to the Canada Revenue Agency (CRA) using a registered GST number. All committees/programs under the financial umbrella of MICCS benefit. The BC Supreme Court decision (see MICCS website) confirmed that the MITA/tennis group IS a committee under the financial umbrella of MICCS and not a separate legal entity. MITA/tennis group submitted Financial Statements to be included in MICCS Financial Statements (BC Supreme Court Petition Affidavit #2 of C.McNeill exhibits O-S pgs 135-157).
Claiming GST reimbursements for a committee of MICCS IS allowed. As a CRA GST registrant, MICCS is NOT allowed to remit claims for separate entities that are NOT under its financial umbrella.
With the PRIVILEGE of being an incorporated, non-profit, charitable, society that is a CRA GST registrant comes the RESPONSIBILITY of proper governance. Directors/Leaders have a duty to KNOW and/or do their personal due diligence to LEARN all governance regulations. The MICCS has a duty of due diligence and transparent governance to its members and BC Societies to ask these questions and understand its responsibilities of keeping factual records to the best of its ability. SOCIETY MEMBERS have a duty of due diligence to understand the governance of their Society based on factual records of the Society and to ask questions to have a clear informed vote.
There are questions that MUST be asked/answered as part of the due diligence and transparent governance of MICCS. MICCS must complete all financial matters with the MITA/tennis group and establish a starting point that the MITA/tennis group was a separate entity in their own right outside of the MICCS financial structure.
Transaction details and other information is needed for the following accounts as well as others:
1. "Legal Expense $24,078" Why is this recorded, a committee CANNOT spend legal fees on a legal action against the entity of which it is a committee and administering accounts for.
2. "Resurfacing Account $12,000" Where did the MICCS court resurfacing monies come from (community group grants?) and where did they go (the MICCS community courts have not been resurfaced recently)? Were MICCS CRA receipts written for any donations?
3. "Bank Account $3,726" Is this where the GST ITC rebates were deposited between 2008 and 2021?
4. "Equipment $18,125" Did MICCS remit GST ITC rebates for this equipment? What equipment has been purchased to operate and maintain the MICCS community courts?
5. "GST receivable $743" Is this amount still to be remitted to CRA via MICCS for reimbursement? What goods or services were purchased?
6. "Grants and Donation $16,861" Were the grants for resurfacing the MICCS community courts? Were the donations restricted? Were MICCS CRA receipts written for the donations?
The MICCS Board continues to be committed to transparent governance; all meetings and legal documents can be found on our website. We continue to encourage attendance at our monthly meetings (2nd Wednesday of each month 4:30-6:45 at the Community Centre). Emails can be sent to [email protected]
Sincerely,
Catherine McNeill, President
Board of Directors
Mayne Island Community Centre Society