Charities and the Rule Against Perpetuities

Introduction Charitable status is a legally privileged status. The law in numerous ways, ranging from the trivial1 to the noteworthy,2 confers legal advantages upon charities. These legal advantages are often misunderstood. This is true in terms of the technical dimensions to the various advantages. It is also true at the more fundamental level of understanding…

For the Record

The following is a letter from Terrance S. Carter, chair of the National Charities and Not-for-Profit Law Section of the Canadian Bar Association, to then-Minister of National Revenue Elinor Caplan. December 4, 2002 Dear Minister Caplan: Re: Charity and “Political Activities” I am writing on behalf of the Charities and Not-for-Profit Law Section of the…

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…

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…

Consultation Paper on Total-Return Investing by Trustees

COMMITTEE ON THE MODERNIZATION OF THE TRUSTEE ACT, Law Institute, University of British Columbia, Vancouvera 1. Investment Strategy and the Distinction Between Capital and Income The purpose of all investment is to acquire gain. It is no different in the case of a trust. Trustees invest the trust property in order to bring about an increase…