Buddhist society’s negligence claim against former volunteer treasurer dismissed

A B.C. Supreme Court judge has dismissed a negligence and alleged misappropriation lawsuit brought by the Buddhist Vihara Society of BC against its former volunteer treasurer, Chaminda Wijemanne. The charitable society owns land in Surrey, including a temple and other buildings.

The society alleged Wijemanne’s actions between April 2014 and July 2018 caused losses of $68,885.42 in principal and $10,538.06 in interest, totalling $79,423.48. After deducting $16,699.67 he paid, it sought $62,723.81.

Wijemanne acknowledged accounting mistakes but denied that the society suffered the claimed losses beyond the $16,699.67 he repaid. Justice David Jones heard the case in New Westminster and, in reasons released Sept. 2 after an eight-day trial, found the society had not established its case on a balance of probabilities.

Jones said neither Wijemanne’s calculation of what he owed nor the society’s calculation of its loss was the best evidence. He found a serious question about the accuracy and reliability of the society’s figures as proof of liability for the allegedly missing funds.

The court heard that Wijemanne signed a termination letter on July 18, 2018, accepting responsibility for mistakes in preparing and reporting account statements and agreeing to repay legitimate and correct fund shortfalls caused by negligence. Jones said the document named no amount claimed by the society and the admissions did not conclusively establish negligence.

The judge also found sufficient unfair pressure to support a finding that Wijemanne was under duress when he signed the undertaking. He had been asked to appear before 11 of the 15 board members, including the Chief Monk, to face allegations that he had misappropriated society funds.