This proposed class action has been discontinued by the Order of Justice Benjamin T. Glustein dated November 18, 2019

Notice of Discontinuance
Order of Justice Glustein dated November 18, 2019
Endorsement of Justice Glustein dated November 18, 2019
Motion Record of the Plaintiffs dated November 4 2019


A Statement of Claim was issued in the Ontario Superior Court of Justice in Toronto on September 12, 2014, claiming negligence, negligent misrepresentation; unjust enrichment, restitution; constructive trust, fraud and fraudulent misrepresentation relating to the Berkshire Funding Initiatives Limited Gift Program (“Gift Program”).

The action was brought under the Class Proceedings Act, 1992 on behalf of all individuals who participated in the Gift Program for the taxation years 2001, 2002, and 2003 (the “Class Period”).

The Statement of Claim, which contains allegations which have yet to be proven in Court, alleges that Berkshire Funding Initiatives Limited and Talisker Funding Limited,  with the assistance of James Penturn, Richard E. Glatt, Jack Keslassy and Ideas Canada Foundation, developed, promoted, sold, and administered the Gift Program under which participants borrowed money to make charitable donations in order to receive charitable donation receipts and concomitant tax credits.

Participants borrowed substantially all of the funds donated and actually paid in cash only a small portion of the total donation amounts.

Law Firms, Thorsteinssons LLP and Gowling Lafleur Henderson LLP, are also named in the lawsuit as it is alleged that they issued favourable tax opinion letters which were a necessary pre-requisite to the promotion of the Gift Program to participants.

We are compiling a database of individuals who participated in the Gift Program, for the taxation years 2001, 2002, and 2003.

If you have not already contacted us, we would appreciate hearing from you as it may assist us in pursuing this claim.

You may contact us by e-mail, telephone, mail, courier, fax, etc.



Click here to read the Statement of Claim


If you would like to know more information regarding this claim, or wish to be added to our database of claimants, you may e-mail us at:

You can contact us directly by telephone at Scarfone Hawkins LLP at 905-526-4394

You can contact us by fax at 905-523-5878

Due to the volume of inquiries, please allow one week for a response.