Pemsel Case Foundation Launched To Foster Canadian Charity Law

Abstract: Canadian charity law has not developed with the clarity and certainty currently found in similar law in many other countries. A new organization, The Pemsel Case Foundation, has been constituted to undertake research about the law of registered and common law charities and qualified donees, conduct education pertaining to that research, and make amicus curiae…

Book Review

Modernising Charity Law: Recent Developments And Future Directions Edited by Myles McGregor-Lowndes & Kerry O’Halloran Edward Elgar, Cheltenham, u.k. & Northampton, ma, usa isbn 978-1-84980-250-5 Adam Aptowitzer Those of us who work in the area of charit y law in Canada understand that the foundation of our work is the 1601 preamble to the Statute…

Funding Terrorism And Charities

Summary:  The previous two issues of The Philanthropist, 23 (4) and 24 (1), featured an article prepared by Blake Bromley for the Commission of Inquiry into the Investigation of the Bombing of Air India Flight 182 in support of his personal testimony in Ottawa on October 26, 2007. The following is the final installment: the text of…

Natural Justice, Members, and the Not-For-Profit Organization: “Fair Play in Action”

“Natural Justice is but fairness writ large and juridically. It has been described as “fair play in action”.1 Introduction In recent years, a number of cases have emerged that have considered the application of natural justice rules to the decisions of not-for-profit organizations. The emergence of these cases is not surprising considering the ever increasing…

The Charitable Corporation: A “Bastard” Legal Form Revisited

This article was developed from a presentation by The Honourable Mr. Justice Maurice Cullity to “Fundamental New Developments in the Law of Charities in Canada”, a program of the Continuing Legal Education Section of the Canadian Bar Association—Ontario, in Toronto on Friday, October 27, 2000.  The Court of Chancery has always regarded with peculiar favour…

From the Editor

In “Standing on Guard for Thee: The Role of the Office of the Public Guardian and Trustee”, Kenneth R. Goodman of the Office of the Public Guardian and Trustee Ontario (OPGT) provides a review of the current operations of the OPGT in regard to charitable matters. The OPGT’s jurisdiction originates in the Crown’s parens patriae…