1. The law firms of Sutts, Strosberg LLP (now Strosberg Sasso Sutts LLP) and Groia & Company Professional Corporation are counsel in a class action against Fraser Milner Casgrain LLP (now Dentons Canada LLP), BDO Canada LLP and others.
2. The claim is on behalf of all persons, other than certain persons associated with the defendants, who participated in the Donation Program for Medical Science and Technology (the “Program”) in at least one of the taxation years of 2001, 2002 or 2003. The Program was marketed as a tax shelter that permitted participants to make leveraged donations to charities.
3. The class action concerns leveraged donations that were made in accordance with the terms of the Program. Each donor who participated in the Program was required to use their own funds for a portion of the donation and was provided with the option of financing for the balance of the donation.
4. Participants in the program were issued official charitable donation income tax receipts to permit them to claim an income tax credit for an amount that included the financed portion of the donation. The Canada Revenue Agency disallowed the income tax credits claimed by the donors and that decision was upheld by the Tax Court of Canada
5. The plaintiffs allege, among other things, that the defendants were negligent in designing, promoting and operating the Program.
6. If you participated in the Program in 2001, 2002, and 2003, and did not opt-out of the class action by October 1, 2013, then you are a class member whose claims with respect to the Program are included in this class action.
7. On August 16, 2018, Justice Glustein ordered the parties to attend trial scheduling court before November 26, 2018 to set a date for the common issues trial. Class counsel expects the common issues trial to commence as early as 2019.
8. Plaintiffs’ counsel are continuing to contact individual class members regarding their individual experiences and diligently preparing for the trial of the common issues.
9. If you participated in the Program in the taxation years of 2001, 2002, or 2003, please enter the information requested on the Questionnaire page.
10. If you have any questions, please call Strosberg Sasso Sutts LLP at 1.800.229.5323, extension 296.
11. If you would like to know more about how a class action works, click here.
This website provides general information to class members on a class action commenced against Trinity Capital Corporation and a number of other corporations and persons. The court will ultimately decide who will be included as a class member.