$850K lawsuit filed over alleged 'misappropriation' of South Asian Centre funds
The South Asian Centre of Windsor (SACW) is pursuing a $850,000 lawsuit against its former president and treasurer in the wake of allegations of financial wrongdoing the organization says have damaged its reputation.
A statement of claim filed last week names Sushil Jain as a defendant. Jain served as president for the non-profit cultural centre for most of the time period between 2014 and last year. He resigned last year and criminal charges were laid against him in February.
It also names Jeewen Gill, a former Windsor city councillor who served in multiple roles with the organization over a nine-year period, including as treasurer, until the board voted to remove him from the position in July 2023.
The lawsuit is seeking damages of $500,000 from either Jain or Gill, plus another $350,000.
Sushil Jain, the former president of the South Asian Centre in Windsor has been charged with defrauding the organization of over $360,000. (Dale Molnar/CBC)
The allegations include claims that two bank accounts were opened up without the board's knowledge, and some grant money was deposited there while other cheques went missing.
There's also allegations Jain paid himself more than $19,000 in consulting fees that were not approved by the board.
Jain refused to co-operate and provide explanations about these matters, according to the statement of claim.
Based on the Windsor police investigation, the organization believes it has lost $362,739 since July 2012.
The suit says the organization suffered damage to its image, finances, and ability to secure additional grant funds.
"The defendants have constituted themselves in a way that was high-handed, outrageous, reckless, wanton and entirely without care, deliberate, disgraceful, wilful and in callous disregard for the SACW's rights, interests and well-being," the document states.
Jeewen Gill is a former Windsor city councillor who served as treasurer of the South Asian Centre of Windsor for some of Jain's tenure as president. (Submitted by Jeewen Gill)
The statement of claim not accuse Gill of misappropriating funds but alleges he breached his fiduciary duties to the organization as treasurer by providing inadequate oversight and failing to disclose what was happening.
CBC News is attempting to reach Jain through his lawyer.
Gill has not responded to requests for comment.
Lawyer David Robins of Strosberg Wingfield Sasso is representing the South Asian Centre in the civil case. He says the situation has left his clients both stressed and disappointed.
"(They are) stressed that they are faced with a shortfall of substantial funds that they need to provide the important services that they do for their community," he said. "And of course, disappointed that they have to go through these proceedings and that they couldn't find a way for Dr. Jain to resolve these particular issues amicably and without litigation."
Suit follows criminal case
Jain was arrested in February and charged with defrauding the SACW over a 12-year period, between September 2011 and June 2023.
He was also charged with laundering the proceeds of crime and possession of property obtained by crime.
His next court appearance is Aug. 21.
The organization's current president says financial controls are now in place to safeguard against misconduct.
In a media release, Fazle Baki said the organization is "committed to recovering the missing funds to ensure SACW can continue providing essential services and programming for our community."
