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If the property ceased to be used for those purposes, ownership of the land was to be conveyed to the Rotary Club.
office of the public trustee "is there to ensure charitable trusts just don't get thrown under the bus,'' Orazietti said.
"This may be a charitable trust," Orazietti said later in an interview.
equipment cease to be used for an active program of aquatic sports and tennis shall be determined by a judge of the District of Court of the District of Algoma."
As a result of that decision, ownership of the property reverted to the Rotary Club, which put it up for sale.
An application for an interim injunction to prevent the YMCA and Rotary Club from selling the waterfront property was to have been heard in a Sault Ste. Marie courtroom Thursday.
RYTAC club and equipment sale put off for at le
The McPhail Avenue site, located on the banks of the St. Mary's River, was slated to go on sale July 24 with a $990,000 price tag.
In an affidavit, Miller says his father and the other trustees transferred the property to the YMCA for $1 for the purposes of promoting a summer program of activities for youth in the community.
Orazietti told the court that the office of The Public Guardian and Trustee, which plays a role in protecting public interest in charitable property, intends to respond to the application.
As well, steps weren't taken to seek the court's opinion, as stipulated in the deed, before deciding to close the property and transfer it to third parties, Miller says.
block at least for the next two months.
If the public trustee is of the opinion this is a charitable trust there are certain rules of what can and can't be done, he said.
Ken Miller and Karen McAndrew, whose late fathers were boat club trustees and involved in the 1969 transfer of the property, are seeking the interim injunction.
The Rotary/YMCA Tennis and Aquatics Club (RYTAC) and its equipment won't be going on the selling Louis Vuitton Red High Tops
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The YMCA decided earlier this year to cease operating summer water sports and tennis programs at the site of Ladies Palladium Boots Images the former St. Mary's River Boat Club.
The Toronto law firm, acting on behalf of the Y and Rotary, didn't have anyone in court.
The deed also says that "the question as to whether or not the lands, premises and Ralph Lauren Canvas Shoes Ladies
He maintains that the YMCA hasn't fulfilled its obligation to utilize its "best efforts" to continue with the programs set out in the deed.
An auction of all the equipment was to take place the following day on July 25.
All property related to RYTAC, including the real estate and chattels, will not be sold, said Orazietti, speaking on behalf of Toronto lawyer Ian Hull, who represents the two people seeking the injunction.
They say the boat club granted the property to the YMCA in a June 19, 1969 deed, subject to a condition that the Y use its "best efforts'' to promote youth programs.
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