Each December, we are reminded that this is the season of giving. As we are encouraged to lend our support to worthy causes, it is helpful to understand the extent to which donors can control the use of their funds and oversee the direction of a charitable project. Meddling in…
Today’s blog comes to you from Student-at-Law, Jake Woloshyn In the 2018 Ontario Superior Court of Justice case, Canada Without Poverty v AG Canada, 2018 ONSC 4147 (Canada Without Poverty), Morgan J. held that the Canada Revenue Agency (CRA) interpretation of the ‘substantially all’ condition in s. 149.1(6.2) of the…
As a fundraiser at a university in the early 1990s I discovered that a primary extra incentive for major charitable gifts is matching funds. Typically from government sources, matching funds are compelling to donors and important fundraising tools for a lucky few charities. Unfortunately they create an uneven playing field in…
I had the pleasure last week of being a panelist as part of the Canadian Association of Gift Planner’s mentoring & education breakfast, on the topic of Ethics. When I had previously thought of ‘Gift Planning’ I was only considering the Will component, the gift left to a particular charity,…
There is a fundraising truism that says you don’t get money unless you ask for it. But as estate planning professional know that’s not always true. A difference between lifetime gifts made directly to charity and estate donations is motivation. Often lifetime gifts are extrinsically motivated; estate donations are more…
We often write about the benefits (and some pitfalls) of gifting, before and after death. Personally, when I recommend gifting, I assume that unless there are specific outcomes required to realize on the gift, a gift is exactly that, a gift – something transferred voluntarily without expectation of getting it…
The Canada Revenue Agency provided its views regarding the income tax implications of a gift made by executors of an estate of a deceased individual. The taxpayer died in 2016. His Will named his three sons as equal beneficiaries and co-executors, with no designation of amounts to be given to…
In the recent decision of Johnston v. Song [1], the Ontario Superior Court of Justice considered the consequences of a property’s transfer into joint ownership in advance of a breakdown of a common law relationship. Facts: Johnston and Song began living together in November 2005, when Song moved into a…
Last week I received two inquiries from caring colleagues hoping to help individuals in need. One person had cancer and had lost his business, while the other was a sick child who perhaps could benefit from her own charitable foundation. As heart-rending as these stories are, neither qualify as “charity”. …
September 21 was World Alzheimer’s Day. The Public Health Agency of Canada notes that more than 402,000 seniors (65 years and older) are living with dementia and this a number that will continue to grow. Dementia is the plague of the 21st century and we don’t yet have a cure….
