In Oloya v R, 2011 TCC 308, the taxpayer transferred non-cash property to a charity, and the Court was willing to accept that it might have been transferred by way of a gift. The charity, however, issued a receipt that did not describe the items transferred or the date on which they were transferred as required by section 3501 of the Income Tax Regulations.
The Court pointed out that, under subsection 118.1(2) of the Act, “an individual must file a receipt that contains prescribed information in order to claim a credit for a charitable donation.” The receipt issued to the taxpayer did not contain the prescribed information—it did not describe the property transferred or the date of the transfer—and so the Court denied any deduction for the non-cash property transferred.
