Over the past couple of years we have written about cemeteries that get very little attention, are losing money, and are looking for someone to take them over.  Many times, they have passed simply by default to the government entity where the cemetery is located.

Over the weekend we read an article that you can read here about a situation in Toronto, Ontario, Canada, that was, what I would refer to as almost the exact opposite situation.  It turns out that 10 cemeteries in Toronto are now, by court ruling, being returned to the public trust.

Turns out that almost 200 years ago, in 1826, a public trust with public oversight was established to operate and care for some cemeteries in Toronto.  Somewhere during the course of that almost 200 year time period, plaintiffs contended, that the Mount Pleasant Group of Cemeteries (MPGC) took control and operated the cemeteries like a private commercial company operated by a private board.  The “board” had grown MPGC to operate four crematories, 14 mausoleums, and five visitation centers that it had been profiting from as well as the cemeteries.

Last week, Judge Sean Dunphy wrote a ruling that said:

• The land is a public trust, and should be governed by a board consisting of members from the public.  The current directors and members of MGCP weren’t validly appointed according to this criteria.
• Operating funeral centers and crematoria goes beyond their governing rights.  The trust prohibits the group from using the land for anything other than “places for the burial of the dead”.

Dunphy also stated that public elections will have to be held to appoint a new board.

MPGC stated that they are disappointed in the ruling and plans to appeal.

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