Gwenyth Stadig, Partner, Amber LeBlanc, Articling Student, Upama Poudyal, Associate, Gowling WLG (Canada) LLP When a testator located in Ontario intends to create a charity through their will and fund it with estate assets, it is essential to understand Ontario’s rules regarding compensation of charity directors. Generally, directors of charities…
Fine art is an asset class of growing importance among the affluent and is beginning to be a significant part of select estate plans. A recent estimate pegged the international art market at US$57.5 billion in 2024 (a 12% decline from 2023) and Canada has seen some record prices at…
There is a saying among charitable gift planners: “beware of donors of in-kind property with valuations in hand.” In other words, some gifts may be too good to be true. This folk wisdom contains a serious point. Donors, executors and charities often struggle with the valuation of in-kind donation. Who…
Pieter Claesz, “Vanitas Still Life” 1630. Private foundations are believed to be durable entities. Perpetuity is often assumed at the planning stage. Canada Revenue Agency (CRA) data shows, however, that 3,073 private foundations closed during the period 2000 to 2025. Growth in Private Foundations Private foundations have seen significant growth…
This week’s blog has been written by Darren Lund In Ontario, as in most common law jurisdictions, charitable gifts are treated differently than other gifts in important ways. One of the clearest examples of this is that a gift for a charitable purpose will generally not fail for uncertainty. In…
Founders are a source of innovation and energy in the social good sector. Lionized as “social entrepreneurs” they identify gaps and create organizations to fill them. But there is, sometimes, a dark side to founders. Donors, employees and stakeholders should be aware of these dynamics. Dr. Susanna Kislenko is a…
A common misconception about donor advised funds is that they are trusts, charitable purpose trusts. At times, lawyers, especially those with expertise in trusts and estates, struggle with this distinction, as do donors. In 2023, this issue came to the forefront when Canadian charities briefly thought they might need to…
Charities do not exclusively depend on donations, despite popular perceptions to the contrary. In Canada, government funding and earned revenue contribute more to registered charities than donations. Both these types of low-key funding are under pressure, enough so that we will soon witness some large charities shrink or even collapse….
Gwenyth Stadig, Natasha Barrett, Upama Poudyal, Abdullah Khalid, Amber LeBlanc all of Gowling WLG (Canada) LLP Canadian donors can donate a variety of types of property to “qualified donees” which gift can be eligible for donation tax credits. Subsection 149.1(1) of the Income Tax Act (“ITA”) defines the term “qualified…
In its Income Tax Act, Canada has two basic types of registered charity: charitable organizations and foundations. These charity types are often paired to work together in a complementary fashion – ying and yang – to achieve shared purposes. This article is a short primer on the prevalence of this…