In this 2004 case a BC lawyer is charged with 23 counts of tax evasion and making false or deceptive statements with respect to certain income tax returns and a complicated transaction involving charities. In this decision of the Provincial Court the lawyer is acquitted of all charges. The case raises a number of significant legal and ethical issues and anyone interested in planned giving or being a professional advisor advising charities should be aware of the case.
Regina v. Blake Bromley, Blake Bromley Consulting Inc., & QDDQ Services Inc.
The case can be found at: http://www.canlii.org/en/bc/bcpc/doc/2004/2004bcpc48/2004bcpc48.html
One of the ethical situations that is raised is ‘when is a lawyer acting as a lawyer versus acting in a personal capacity’. Also on a practical level when will a avoidance transaction be sufficiently problematic for the CRA that they will go to court to prosecute someone.
[Update – here are another 2 court decisions that involve Mr. Bromley:
Bromley v. Canada 2002 BCSC 149
http://canlii.ca/en/bc/bcsc/doc/2002/2002bcsc149/2002bcsc149.html or short link: http://canlii.ca/s/31o9
Enns (Guardian ad Litem) v. Voice of Peace Foundation, 2004 BCCA 13 (CanLII)
http://canlii.ca/en/bc/bcca/doc/2004/2004bcca13/2004bcca13.html or short link http://canlii.ca/s/pl4r ]
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