Vern Krishna, a very respected Canadian tax lawyer, a few months ago provided an interesting affidavit on the lawsuit against Fraser Milner Casgrain and others with respect to the Banyan Tree Foundation at   All allegations have yet to be proved in court

Here is another copy of the Vern Krishna affidavit.  In the affidivit Mr. Krishna discusses what is a gift, donative interest, various cases on gifts to charities under the Income Tax Act and his concerns with a legal opinion on donations to a charity as part of the Banyan Foundation scheme.

Mark Blumberg is a lawyer at Blumberg Segal LLP in Toronto, Ontario.  To find out more about legal services that Blumbergs provides to Canadian charities and non-profits please visit or He can be contacted at or at 416-361-1982.

This article is for information purposes only. It is not intended to be legal advice. You should not act or abstain from acting based upon such information without first consulting a legal professional.