THE CY-PRES DOCTRINE: A CANADIAN APPROACH
AbstractIn response to a previous submission on the topic, this article asks whether funds donated for charitable purposes but not usable for the intended objective should be applied cy-pres or returned to the donor. The previous article commends the first solution, and does so because an out and out donation of money warrants it, not because of general charitable intention. The author does not challenge this view, but simply examines how far Canadian precedents will support it. He argues that the previous author’s theories, whatever their merit, would not be acceptable in a Canadian court.
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