of those funds, and more, had been spent on the first year’s
development of the program. This, in turn, prompted communication by Mr. Faas on June 1, 2016 advising that legal action would
proceed if the entire first instalment of $330,000 was not refunded
 On June 28, 2016, Mr. Faas’ publicist, Patrick Mundt, confirmed in a meeting with CAMH staff that Faas was terminating
its donation. The next day, Faas issued a press release announcing
the withdrawal of the donation “due to CAMH’s inability to
demonstrate that the first instalment of the funds was applied
towards The Faas Foundation’s objectives”.
 It is, of course, CAMH’s position that it was under no obligation to produce a new proposal more in keeping with Mr. Faas’
changed vision of the program. Further, as counsel for CAMH
points out, the Faas donation was a philanthropic gift, not a business investment. CAMH urges that it is its duty to ensure that the
charitable gifts it receives are employed in accordance with its own
charitable objectives, not in accordance with its donor’s objectives.
 The record of correspondence between the parties shows
that CAMH did make efforts to accommodate Mr. Faas’ changing
vision for the program. Indeed, counsel for Faas submitted at the
hearing that CAMH appears to repeatedly have agreed with Mr.
Faas that changes would be made. However, the changes that
CAMH was willing to implement were never sufficient to satisfy
Mr. Faas’ desires, as they remained within the original goals of
Well@Work and did not deviate from the original proposal and
the binding DIA. What the evidence shows is that over the course
of late 2015 and the first half of 2016, CAMH struggled to keep its
donor happy. At the same time, Mr. Faas’ vision was in the
process of transforming as Faas entered into new partnership
arrangements with other institutions.
 In addition to the changed vision, it also became clear to
CAMH that Mr. Faas was not satisfied with the level of publicity
CAMH was giving to the Faas initiative. Thus, for example, he
was disappointed that CAMH’s president, Dr. Catherine Zahn,
had failed to mention Well@Work in a speech she gave at the
Economic Club of Canada. CAMH staff attempted to console him
by explaining that no one specific program was singled out by Dr.
Zahn in her presentation, but he was inconsolable on this point.
Further, Dr. Wiljer deposed that in May 2016, Mr. Faas expressed
dismay that CAMH had never publicized an earlier press release
by Faas announcing the combined work of CAMH, MHA and Yale.