Court of Appeal rules former Lighthouse director not given fair hearing

The Saskatchewan Court of Appeal has unanimously ruled that the executive director of a Saskatoon non-profit didn’t get a fair hearing when he was ousted.

Don Windels was removed as executive director and board member of Lighthouse Supported Living in late 2021 by a court order.

In the initial Court of King’s Bench ruling, which was under a publication ban for six months, Justice David Gerecke said Windels used $60,000 of the charity’s funds to purchase a home for his daughter.

(Libby Giesbrecht/650 CKOM file photo)

While Windels viewed the transaction as a loan, the judgment stated no loan was entered on the Lighthouse’s books, and the house was instead treated as a capital asset despite Windels having exclusive possession of the property.

Gerecke’s judgment at the time also ordered significant amendments to the Lighthouse’s organizational bylaws, including changes barring directors from serving for more than 10 consecutive years, or more than 10 out of any 12 years, and barring any employees from election as directors.

In the Court of Appeal decision released March 20, Justice Brian Barrington-Foote wrote the original application was based mainly on allegations of misconduct by Windels, and that Gerecke’s order went “beyond what the Respondents had requested or either party had thought possible.”

In what’s called an Oppression Fiat, Gerecke also barred Windels from holding office with the organization until Dec. 1, 2023. The memberships of two members of Windels’ family were also revoked, along with an order for ongoing supervision by the court of the Lighthouse and Blue Mountain Adventure Park.

Windels appealed the fiat, and alleged Gerecke was unfairly denying him the opportunity to respond to the case against him.

“There is no doubt that Lighthouse made an ill-advised personal loan to Mr. Windels,” Barrington-Foote wrote in his reversal of the original judgment.

“Mr. Windels does not dispute these facts. Nor does he deny that he received other loans from Lighthouse.”

The judgment went on to say that “Mr. Windels, like any litigant, has a right to a fair hearing and to see that justice is done in accordance with the law. I have concluded that he was not accorded those rights.”

The Lighthouse has been mired in controversy for much of the past two years, and is now in the midst of receivership. Its operations are being managed by tax and accounting firm MNP LLP until April 13, when a review of the operations will take place.

Windels returned to his role as executive director of the Lighthouse last month.