Canada Judgment

JOHN HASSALL v. HIS MAJESTY THE KING

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Source document

01

Holding and result

The Appellant provided no new facts or arguments capable of overcoming the established donative intent problem, and his appeal raised no other issue within the Court’s jurisdiction; accordingly, the appeal was struck without leave to amend as an abuse of process.

Court disposition

Appeal struck without leave to amend; costs awarded to the Respondent.

Orders

  • The appeals of the reassessments of the Appellant’s 2005, 2006, 2007 and 2008 taxation years are struck without leave to amend.
  • Costs in the appeal are awarded to the Respondent.

02

Material facts

Parties

JOHN HASSALL

Appellant Counsel: The Appellant himself

HIS MAJESTY THE KING

Respondent Counsel: Warwick Walton

03

Procedural history

  1. Posture

    Appeal of Reassessments / Motion Determined by Written Submissions; Appeal Struck Without Leave to Amend

04

Questions and positions

Legal issues

Party arguments

Applicant
The Appellant argued that the government changed the law on donative intent in 2013 with retroactive effect and that, absent that change, his purported donation to GLGI would have been valid.
Respondent
The Respondent relied primarily on donative intent, and alternatively on the trust not existing and the courseware never being received, the program being a sham, and the fair market value of the courseware; the new split-gifting provisions were only a final alternative argument.

05

Court’s reasoning

  1. 01

    Friedberg v. The Queen [1]

    Donative intent was already a requirement of the law before the 2013 amendments.

  2. 02

    Reasons for Judgment, paragraph 7

    The split-gifting amendments in subsections 248(30)–(41) of the Income Tax Act were added retroactively to the year announced, but did not create the donative intent requirement.

  3. 03

    Reasons for Judgment, paragraphs 3 and 9

    Arguments already repeatedly rejected in similar GLGI appeals may amount to an abuse of the Court’s process.

06

Ratio, limits and disposition

Ratio decidendi

The Appellant provided no new facts or arguments capable of overcoming the established donative intent problem, and his appeal raised no other issue within the Court’s jurisdiction; accordingly, the appeal was struck without leave to amend as an abuse of process.

Obiter and limits

  • The judge described the claim that the government’s 2013 changes were the reason the GLGI scheme failed as a conspiracy theory.
  • The judge noted that the Respondent’s reliance on the new split-gifting provisions was only in the alternative.

Court disposition

Appeal struck without leave to amend; costs awarded to the Respondent.

  • The appeals of the reassessments of the Appellant’s 2005, 2006, 2007 and 2008 taxation years are struck without leave to amend.
  • Costs in the appeal are awarded to the Respondent.

Source and reliance status

Official court record

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Judgment reading view

Judgment text

The complete available source text.

Source document

Court record

Judgment

Judgment

Docket: 2022-1109(IT)G

BETWEEN:

JOHN HASSALL,

Appellant,

and

HIS MAJESTY THE KING,

Respondent .

Motion determined by Written Submissions

Before: The Honourable Justice David E. Graham

Participants :

For the Appellant:

The Appellant himself

Counsel for the Respondent:

Warwick Walton

JUDGMENT

The appeals of the reassessments of the Appellant’s 2005, 2006, 2007 and 2008 taxation years are struck without leave to amend.

Costs in the appeal are awarded to the Respondent.

Signed this 26th day of May 2026.

“David E. Graham”

Graham J.

Citation: 2026 TCC 98

Date: 20260526

Docket: 2022-1109(IT)G

BETWEEN:

JOHN HASSALL,

Appellant,

and

HIS MAJESTY THE KING,

Respondent.

REASONS FOR JUDGMENT

Graham J.

[ 1 ] By order dated March 19, 2026, I gave eleven taxpayers who had participated in the Global Learning and Gifting Initiative donation program (“GLGI”) the chance to explain why their appeals should not be struck without leave to amend for abusing the Court’s process.

[ 2 ] One of those taxpayers withdrew his appeal. One conceded the GLGI portion of his appeal. One did not respond by the deadline and, as a result, I have struck his appeal without leave to amend.

[ 3 ] The remaining eight taxpayers all filed written submissions. None of them satisfied me that they would be raising new facts or new arguments that could somehow overcome what I described in my Order as the donative intent problem. Similarly, none of them satisfied me that their appeal involves some other issue over which the Court has jurisdiction. They simply made the same stale arguments that have failed in this Court time and again – arguments that it would be an abuse of this Court’s process to allow to proceed.

[ 4 ] I will address the specific arguments raised by the Appellant, John Hassall, below.

[ 5 ] Mr. Hassall argues that the government changed the law on donative intent in 2013 with retroactive effect and that, if not for that change, his purported donation to GLGI would have been valid. This is not a new argument.

[ 6 ] Someone has clearly been telling GLGI participants that the only reason the scheme did not work is because the government changed the rules after the fact. I imagine that it is in the interest of whoever has spread that conspiracy theory that people believe it.

[ 7 ] Like all good conspiracy theories, there is an element of truth to it. The government did change the law in respect of what are known as split-gifting arrangements. In particular, subsections 248(30) – (41) were added to the Income Tax Act . As is the case with many amendments, the change was made retroactive to the year that it was announced. However, contrary to the conspiracy theory, the changes did not add a new requirement that a donor must have donative intent. That requirement was already part of the law ( Friedberg v. The Queen [1] ).

[ 8 ] The Respondent relies on these new provisions, but only as a final alternative argument. The Respondent relies first on donative intent, then on the taxpayer never having received the courseware from the trust because the trust did not exist and then on the program being a sham and then on the fair market value of the courseware. It is only if a GLGI taxpayer is successful on all of those issues that the Respondent turns to the new provisions.

[ 9 ] Justice Pizzitelli did not have to address the new provisions in Mariano v. The Queen [2] because he found against the taxpayer on the Respondent’s primary argument – donative intent. That is the argument that I have asked Mr. Hassall to satisfy me that he can overcome. He has provided no facts or arguments that suggest he could.

[ 10 ] Based on all of the foregoing, Mr. Hassall’s appeal is struck without leave to amend. Costs are awarded to the Respondent.

Signed this 26th day of May 2026.

“David E. Graham”

Graham J.

CITATION:

2026 TCC 98

COURT FILE NO.:

2022-1109(IT)G

STYLE OF CAUSE:

JOHN HASSALL v. HIS MAJESTY THE KING

DATE OF HEARING:

Motion determined by Written Submissions

REASONS FOR JUDGMENT BY:

The Honourable Justice David E. Graham

DATE OF JUDGMENT:

May 26, 2026

PARTICIPANTS:

For the Appellant:

The Appellant himself

Counsel for the Respondent:

Warwick Walton

COUNSEL OF RECORD:

For the Appellant:

Name:

n/a

Firm:

n/a

For the Respondent:

Marie-Josée Hogue

Deputy Attorney General of Canada

Ottawa, Canada

[1] 1991 CarswellNat 669 (FCA).

[2] 2015 TCC 244.

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Friedberg v. The Queen [1]

Case cited

Mariano v. The Queen [2]

Case cited

1991 CarswellNat 669 (FCA)

Case cited

2015 TCC 244

Case cited

Income Tax Act, subsections 248(30)–(41)

Legislation

Legislation referenced in the available case record.

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