ANTHONY HOLL V. THE FOUNDATION FOR STUDENT ACHIEVEMENT

ANTHONY HOLL 

FEBRUARY 2021 - CASE UPDATE

The Foundation has not updated donors or supporters on this matter since September of 2020. The Foundation has been busy in regards to our pivot and refocus on coding and programming for kids.  This matter remains unresolved and continues to drag on. The Foundation has decided to not spend any further funds on chasing this outstanding debt at this time.

Summary thus Far:

 

  • January 2017 - Anthony Holl hired and agrees to employment agreement including termination clauses

  • January 2018 - Anthony Holl terminated and The Foundation chose to exercise the termination clauses as outlined in employment agreement

  • February 2018 - Anthony Holl Launches wrongful dismissal lawsuit and disputes termination and termination clauses. Claim is for 6 months severance on just one year of employment

  • October 2018 - The matter goes to court and The Foundation wins the case and termination is not deemed to be wrong.

    • Court costs are awarded to The Foundation​

    • The Foundation was dismayed to discovered during the trial that Holl's resume submitted when hired was falsified and inaccurate with numbers and position titles adjusted to better suit his potential role with The Foundation

  • December 2018 - Holl and his counsel appeal the decision to a higher court

    • The Foundation is yet again forced to incur more legal fees in defending this appeal.​

  • February 2020 - The court of appeal upheld the decision of the lower courts that Holl's case is not valid.

    • Court costs are again awarded for this lost appeal​

  • March to June 2020 - Multiple attempts are made with the legal counsel for Holl to collect on the court appointed judgement and we are told that the court judgement is not going to be paid. 

    • We are advised that to collect, we should take them back to court.​

  • June to September 2020 - Research and exploration during covid times has found that collecting this debt is simply too expensive at this time and not a worthy use of Foundation resources. The Foundation to date has spent $25,000 in defending this fraudulent claim and is not willing to spend more a this time.

A post mortem of Holl's time with The Foundation has been very telling. The simple fact that he lied on his resume when hired was the main issue as to why The Foundation had to make a change in strategy within the first year of his employment.  The basis and expectations of the professional relationship was built on fraudulent information and the rest of the relationship was doomed to fail. 

It is interesting to note that Holl's work history has massive gaps and The Foundation is not listed as part of his employment regardless of the fact that he was a full salaried employee.  (See Linked in Profile) Lying by omission seems to be a strategy by Holl and The Foundations post mortem has led us to understand that these gaps would include other work history that Holl chooses to omit due to unfavourable results.  If we had seen or had access to Holl's proper and accurate work history, The Foundation would have inevitably been able to avoid this situation, the wasted salary for 12 months and the subsequent legal expenses.

SEPTEMBER 8, 2020 - CASE UPDATE

ANTHONY HOLL 

The Foundation continues to utilize donor funds and expend on legal fees to collect on a the court judgement against our past fundraiser. The Foundation had attempted to contract the services of a collection agency but the expenses proved to be too high based on the legal fees already spent to defend The Foundation Canada from this frivolous, false, fictitious and flagrant claim brought forth against a charity simply trying to grow.

The Foundation is now exploring lower cost options including paralegals and donated services to collect on this outstanding judgement.  The concern is to limit the use of donor funds which would further increase the expenses of this baseless claim that we have been forced to defend and ultimately win.

The Foundation Canada posts this message to keep our current supporters aware of expenditures outside of that required to run our programs.  We thank our supporters for their patience with this matter being resolved.

 


JUNE 1 2020 - CASE UPDATE

The Foundation Canada has been forced to contract the services of a Toronto based Collection Agency to collect on the judgement debt related to the failed lawsuits by previous fundraising staff member Anthony Holl.

 

An email request to Anthony Holl's legal counsel in March of 2020 was ignored and a subsequent email was sent with demand for payment in May 2020. An offer was put forth by Anthony Holl and his counsel to settle along with the request for a "Gag order" to be placed on the Foundation in regards to any reference to past employee or this case; which was not acceptable to the Foundation and was declined. A deadline of end of day June 1st was issued via email or collections proceedings would be commenced.  

The Foundation received no reply from either Anthony Holl or his counsel and have commenced collection proceedings which will unfortunately now cost the Foundation 30% of the judgement amount.  Yet again, further taking from the funds required to support the youth in our program.

The Foundation posts this information to advise and keep up to date their supporters and donors.  To date, the Foundation has been required to spend in excess of $25,000 in donor funds in defending and winning against the past employees failed claims.

 

FEBRUARY 2020 - CASE UPDATE

The Foundation Canada is pleased to announce our success in winning the appeal brought forth by Anthony Holl in his wrongful dismissal lawsuit. The Foundations legal team at Chsherbinin Litigation successfully argued that the provisions of the employment agreement signed by the past employee, were in fact valid and enforceable.  The Foundation was also awarded legal fees associated with the appeal in addition to the legal fees awarded in the first court win.

We are pleased to move forward with this matter now completed and behind us.

 

 

OCTOBER 31, 2018

Please see the link below to the Ontario Superior Court’s decision regarding a lawsuit by the Foundation’s former employee Anthony Holl.  Anthony Holl was terminated without cause within the first year of his employment. Following his dismissal, Anthony Holl sent a written demand letter which was not agreeable to the Foundation based on the fact that when hired, Anthony Holl signed and agreed to an employment agreement that clearly spelled out his entitlements at dismissal. Anthony Holl subsequently chose to launch a wrongful dismissal lawsuit in which he repeated his demand for 6 months’ compensation after less than 12 months of employment. The court agreed with the Foundation and dismissed Anthony Holl's claim in its entirety in addition to  awarding costs against him to be paid to the Foundation. Anthony Holl is currently appealing the court’s decision.

 

During the trial, the Foundation was concerned to hear that Anthony Holl omitted and deflated some of his prior achievements in order to qualify for a broader range of employment opportunities, (including his role with the Foundation). Public transcripts related to these statements made by Anthony Holl confirm these resume omissions or adjustments in his testimony.

Regrettably, the Foundation had no choice but to defend against the past employees action, which meant that its limited resources have been diverted from the Foundation’s various programs that are designed to support youth in at-risk communities.

 

The Foundation would like to specially thank the team at Chsherbinin Litigation – www.nclaw.ca – for their legal expertise.  

© 2020 - The Foundation Canada

Canadian Registered Charity #820927770 RR 0001