Published on CBC News
August 31st, 2023
The Heart and Stroke Foundation of Canada alleges over $395,000 was misappropriated from the estate of a Manitoba man who named the charitable organization as his main beneficiary.
Lawyers representing the Heart and Stroke Foundation filed a statement of claim accusing over half a dozen people of being involved in misappropriating funds left to the foundation in the will of Michael George Kish.
Kish died in December 2017. In his will, dated December 2007, Kish left “special gifts” to several of his family members, as well as charities and religious institutions he supported, the statement of claim says. The rest was to go to the Heart and Stroke Foundation of Manitoba, which was named as the sole residual beneficiary of Kish’s estate, according to the lawsuit.
The foundation accuses co-executor Dallas Mymko — who died last year — and lawyer Gregory Bauman of “reckless, wanton behaviour” regarding the estate assets of Michael George Kish, according to a statement of claim filed in Manitoba Court of King’s Bench on August 21st.
The Heart and Stroke Foundation wants damages repaid to the estate, and wants an administrator appointed to take it over.
The estate included a property, nine bank accounts, several investment accounts, life insurance policies and more associated with the estate. All told, the assests totalled nearly $873,000, according to court documents. Mymko and his relatives weren’t listed as beneficiaries in the will, but he was named as co-executor of the Kish estate and retained power of attorney for Kish. Bauman, a lawyer, was named co-executor and lawyer for the Kish estate, according to the statement of claim. The lawsuit says the month after Kish died, Bauman and Mymko opened an account in the name of “The Estate of Mike George Kish” at a bank in Flin Flon, Manitoba. The lawsuit alleges various assets of the estate were then liquidated and the money transferred into this account.
