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 http://www.classactionlaw.ca/content/claims/Rochester/Supplementary%20Motion%20Record%20re%20Vern%20Krishna%20Affidavit.pdf   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 https://www.canadiancharitylaw.ca or http://www.globalphilanthropy.ca He can be contacted at mark@blumbergs.ca 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.