Case Comment: Christian Brothers Decision Exposes Charitable Trust Assets to Tort Creditors

Introduction The recent Ontario Court of Appeal decisions in Christian Brothers of Ireland in Canada ( Re) released on April 10, [2000] O.J. No. 1117, Number. C. 29290 (also available on the Internet at www.ontariocourts.on.ca/decisions/2000/ april/christian.htm), is likely to create serious problems for charities across Canada concerning the protection of their charitable trust property from…

Case Comment: Anti-Discrimination, Freedom of Property Disposition, and the Public Policy of Charitable Educational Trusts

A Comment on Re Canada Trust Company and Ontario Human Rights Commission. The author wishes to thank Lesley Midzain for valuable research assistance in the preparation of this comment and John Gregory, Patrick Macklem, Lesley Midzain, Kent Roach and Ralph Scane for helpful comments.  Introduction Colonel Reuben Wells Leonard, sometime soldier, engineer, railroad entrepreneur, mine developer,…

Case and Comment: Discriminatory Conditions re Rattray

When an institution is given property upon terms which it regards as objection­able an obvious solution is to disclaim the gift. This course of high principle does however carry with it the consequence that the gift is lost. This is particularly serious where the donee is a university, and the gift is designed to provide…

Cases and Comments: Re Metcalfe

It is not uncommon for an educational institution to be offered gifts subject to conditions, which, if not technically in conflict with the objects of the in­stitution are, in the opinion of those controlling the body, repugnant to its ethos. In such situations the alternatives open to the institution are either to disclaim the gift…

Bookshelf

PRIVATE MONEY AND PUBLIC SERVICE By: Merriman Cuninggim The Role of Foundations in American Giving McGraw-Hill Book Company 1221 Avenue of the Americas New York N.Y. 10020 Some view the lawyer as one who carries out his clients’ instructions, and no more. Another view is that the lawyer performs a broad advisory task and evaluates…