London, ON mayor’s charity threatens to sue Sun Media paper

August 22, 2012 | By: .(JavaScript must be enabled to view this email address) Mark Blumberg
Topics: News, Canadian Charity Law

The London Free press and other papers and bloggers have been writing about the involvement of the Mayor of London Ontario with a particular charity gifting tax scheme.  The Mayor of London, Ontario, apparently has threatened to sue the papers and bloggers over the coverage.  The matter has not yet gone to court and may not go to court.

Here is a link to a story story:
http://www.sunnewsnetwork.ca/sunnews/business/archives/2012/08/20120817-192717.html

Here is an article in the London Free Press:
http://www.lfpress.com/news/london/2012/08/17/20114081.html

Here are some warnings by the CRA about involvement with certain charity donation schemes:
http://www.cra-arc.gc.ca/chrts-gvng/dnrs/rcpts/dntn6-eng.html

Here is a Blog by Tax litigator Natalie Worsfold which discusses GLGI http://www.troublewithtaxes.com/index.html
Here is a somewhat dated video on GLGI   http://www.troublewithtaxes.com/glgivideo.html

The only case considered by the Supreme Court dealing with abusive charity gifting tax schemes was Marechaux and you can read about it here:
http://www.canadiancharitylaw.ca/index.php/blog/comments/marechaux_v._queen_-_supreme_court_declines_to_hear_case_and_cra_wins/


In the case of the Mayor of London, Ontario, the charity in question is Trinity Global Support Foundation

Here is information from the CRA page:

“Canadian Registered Charities - Detail Page

The Charities Directorate has not necessarily verified the information provided by the Charity.

Trinity Global Support Foundation

BN/Registration Number:  851387159RR0001
Charity Status: Registered
Effective Date of Status:  2007-09-05
Sanction: N/A
Language of Correspondence: English
Designation Description: Private Foundation
Charity Type: Welfare
Category:  (Welfare) Charitable Corporations
Address:  204-148 YORK ST.
City: LONDON
Province/Territory/Other: ONTARIO
Country:  CA
Postal Code/Zip Code:  N6A1A9 “

The ongoing programs are identified as:


Ongoing programs:
Our emphasis on assisting in the advancement of spiritual tenets and teachings continued with donations in various provinces to various religious and other aid organizations. Before funds are advanced to any group a detailed request is submitted which must be approved by the Grants/Gifting Committee and the Board of Directors. The Board is adamant that only approved recipients are receiving funds and supported by follow up. To expand our support on poverty and children’s program in March we undertook a children’s feeding program called Show Kids You Care that feeds 130,000+ children per week across Canada. At this time we anticipate focusing on expanding this program to more schools and children and to help families deal with poverty and nutrition needs. Our Grants/Gifting Committee we will continue to monitor carefully payments only to qualified donees under the religious category. Also continue our gifting initiative whereby Trinity receives monetary donations and donations of gifts in kind of life extending pharmaceuticals meant to help those individuals in developing nations which have been diagnosed with HIV. These pharmaceuticals are donated to the developing nations.


Here are the directors and officers from the CRA website:

Directors / Trustees and Like Officials - Trinity Global Support Foundation

13 Directors / Trustees and Like Officials.

Registered charities that notice problems with their online information should visit the amendment page for instructions on how to correct the information.

 


#

Directors/Trustees and Like Officials

 

1
Last name:PITTS
First name: GILBERT
Initial/Middle name: E
Director/Trustee/Like Officials Term:
      Start Date: 2010-09-16
      End Date:
Position: DIRECTOR
At arm’s length with other Directors, etc.?: Yes

2
Last name:TUDISCO
First name: PETER
Initial/Middle name:
Director/Trustee/Like Officials Term:
      Start Date: 2008-12-04
      End Date: 2010-09-16
Position: DIRECTOR
At arm’s length with other Directors, etc.?: Yes

3
Last name:THOMSON-CICCONE
First name: KAREN
Initial/Middle name: R
Director/Trustee/Like Officials Term:
      Start Date: 2007-05-24
      End Date: 2010-07-28
Position: DIRECTOR & SEC/TREAS
At arm’s length with other Directors, etc.?: Yes

4
Last name:LOREDANA
First name: ONESAN
Initial/Middle name:
Director/Trustee/Like Officials Term:
      Start Date: 2011-05-11
      End Date:
Position: DIRECTOR
At arm’s length with other Directors, etc.?: Yes

 

5
Last name:BROOSTAD
First name: DAVID
Initial/Middle name: R
Director/Trustee/Like Officials Term:
      Start Date: 2010-11-19
      End Date:
Position: Director
At arm’s length with other Directors, etc.?: Yes


6
Last name:CICCONE
First name: VINCENT
Initial/Middle name: C
Director/Trustee/Like Officials Term:
      Start Date: 2007-05-24
      End Date: 2010-11-19
Position: Chair
At arm’s length with other Directors, etc.?:


7
Last name:FONTANA
First name: JOSEPH
Initial/Middle name: F
Director/Trustee/Like Officials Term:
      Start Date: 2008-12-04
      End Date:
Position: Director
At arm’s length with other Directors, etc.?: No

8
Last name:FONTANA
First name: JOSEPH
Initial/Middle name: F
Director/Trustee/Like Officials Term:
      Start Date: 2009-09-01
      End Date:
Position: Chairman
At arm’s length with other Directors, etc.?: No

9
Last name:FONTANA
First name: UGO
Initial/Middle name: J
Director/Trustee/Like Officials Term:
      Start Date: 2009-09-01
      End Date:
Position: President
At arm’s length with other Directors, etc.?: No

10
Last name:GILMORE
First name: EDWARD
Initial/Middle name: G
Director/Trustee/Like Officials Term:
      Start Date: 2010-11-19
      End Date: 2011-05-11
Position: Director
At arm’s length with other Directors, etc.?: Yes


11
Last name:HOLMES
First name: PATRICK
Initial/Middle name: M
Director/Trustee/Like Officials Term:
      Start Date: 2010-11-19
      End Date:
Position: Secretary
At arm’s length with other Directors, etc.?: Yes


12
Last name:HOLMES
First name: PATRICK
Initial/Middle name: M
Director/Trustee/Like Officials Term:
      Start Date: 2010-11-19
      End Date:
Position: Treasurer
At arm’s length with other Directors, etc.?: Yes


13
Last name:HOLMES
First name: PATRICK
Initial/Middle name: M
Director/Trustee/Like Officials Term:
      Start Date: 2008-08-12
      End Date:
Position: VICE PRESIDENT

At arm’s length with other Directors, etc.?: Yes


In their 2011 T3010 Registered Charity Information Return Trinity Global Support Foundation noted in their Schedule 2: Activities Outside Canada

1 What were total expenditures on activities/programs/projects carried on outside Canada during the fiscal period, excluding gifts to qualified donees?  $32,808,368

2 Were any of the charity’s resources provided for programs outside Canada under any kind of an arrangement including a contract, agency agreement, or joint venture to any other individual or entity (excluding gifts to qualified donees)?  Yes

If yes, enter the amounts of the total reported on line 200 transferred to these individuals/organizations as required in the following table:

Name of individual/organization

Using the list on the reverse, identify country code where activities were carried on.

Amount ($)
Show amounts to the nearest single dollar.

 

Diocese of Kakamega   KE $ 8,198,467
Diocese of Fianaratsoa MG $ 24,598,501
Suitcases For Africa KE $ 11,400


7 Is the charity exporting goods as part of its charitable programs?  Yes
If yes, list the items being exported, their value, their destination (city/region) and country code.

Item
Value
Destination (city/region)
Country code

 

HIV/AIDS Antivirus   $ 8,198,467   Kakamega   KE

HIV/AIDS Antivirus $ 24,598,501 Fianarantsoa 301 MG

 

Schedule 5: Non-Cash Gifts - Trinity Global Support Foundation

1 Identify all types of non-cash gifts (gifts-in-kind) received for which a tax-receipt was issued:


Medical equipment/supplies   Yes

2 Indicate the total eligible amount of tax-receipted non-cash gifts   $ 69,236,400

 

 

Do you require legal advice with respect to Canadian or Ontario non-profits or charities?

Contact

Charity Lawyer Mark Blumberg

Mark Blumberg is a partner at the law firm of Blumberg Segal LLP in Toronto and works almost exclusively in the areas of non-profit and charity law.

mark@blumbergs.ca
416.361.1982
Download vCard

Connect

Locate

Blumberg Segal LLP
Barristers & Solicitors
#1202 - 390 Bay Street
Toronto, Ontario
M5H 2Y2 Canada

Charity Law List

Join Blumbergs' non-profit and charities newsletter
View recent issue: March 2014