Articles 2024

Today
Today
Top Canadian Charity Law Compliance Issues

Top Canadian Charity Law Compliance Issues

  • April 02, 2015
  • Mark Blumberg

This article provides a brief summary of some of the most important issues that lawyers should pay attention to when thinking of legal compliance for registered charities in Canada.

Charity and Not-For-Profit Law
Court Refuses to Vary the Terms of a Restricted Gift

Court Refuses to Vary the Terms of a Restricted Gift

  • March 19, 2015
  • Ryan M. Prendergast

In Mulgrave School Foundation (Re), the British Columbia Supreme Court considered a request by a charity to vary a gift for a particular purpose. After considering the lack of any evidence showing impossibility or impracticality, the BCSC refused to allow the donations intended to be used for scholarships to be used in the construction of the school.

Charity and Not-For-Profit Law
“Support Persons” and A Child Witness

“Support Persons” and A Child Witness

  • March 11, 2015
  • Brock Jones

What is the proper role of a support person in the courtroom, and what should they do, or not do, while a child is testifying about highly contentious matters? A review of R v CT 2015 ONCJ 93

Charity and Not-For-Profit Law
The Application of GST/HST to Children's Camps Operated by Charities and Non-Profits

The Application of GST/HST to Children's Camps Operated by Charities and Non-Profits

  • February 03, 2015
  • Jonah Mayles

This article provides an overview of the CRA's recently released GST/HST Info Sheet GI-037, “Children’s Camps Operated by Public Sector Bodies” (the “Info Sheet”). This version replaced the previously issued version released in July 2007. While no substantive changes were made to the Info Sheet, its release provides a reminder with respect to the application of GST/HST to children’s camps operated by a public sector body.

Charity and Not-For-Profit Law

Notice to Section Members re AMS John Hodgson Award

  • January 21, 2015
  • OBA Charities and Not-for-Profit Section Executive

This notice provides a summary of the changes made to the frequency of the AMS John Hodgson Award grant in view of the newly created Jane Burke-Robertson Award of Excellence in Charity and Not-For-Profit Law.

Charity and Not-For-Profit Law
What Constitutes a Charitable Gift?

What Constitutes a Charitable Gift?

  • November 25, 2014
  • David A. van der Woerd

This article examines a recent case that demonstrates what goes into making a legitimate gift to a charity, and, conversely, the expectations of a charity in issuing appropriate charitable receipts so that taxpayers can claim tax credits for their charitable gifts in their income tax returns.

Charity and Not-For-Profit Law
Can a Political Purpose Also be a Charitable Purpose? <em>Re Greenpeace of New Zealand Inc.</em>

Can a Political Purpose Also be a Charitable Purpose? Re Greenpeace of New Zealand Inc.

  • November 17, 2014
  • Janne Duncan

In the context of the recent political-activity CRA audits, this article reflects on the potential implications of a recent New Zealand Supreme Court decision in Canada. Re Greenpeace of New Zealand Inc. held that charitable and political purposes are not mutually exclusive. Since law in both countries is derived from the same source, perhaps Canadian courts, if given the opportunity, will re-evaluate whether a political purpose can be considered charitable in Canada.

Charity and Not-For-Profit Law