Executors at odds with Cancer Society over how $2M bequest should be directed

The story featured a Toronto-area man, videotaped before his death at 57 from pancreatic cancer, and his plea for donations to provide a “chance at hope” for others who develop this form of tumour.

Moved by his story and the desperate outlook for those diagnosed with pancreatic cancer — only seven per cent survive five years — Viner and Clark contacted the PCCF with the idea of approaching the Cancer Society about a partnership between the two charities to direct some or all of the bequest to PancOne.

“Bob would have watched this program and said ‘I can help out, I can help out a whole bunch of people by delivering some money to pancreatic cancer,’” said Viner, now a certified executor adviser. “I think that would have really resonated with him.”

For Jason Clark, who worked closely with his uncle for 25 years at St. Lawrence Cruise Lines, one of the companies founded by the elder Clark, a joint research venture with the Cancer Society seemed a no-brainer.

“When we came across this PancOne, we thought geez, here’s an opportunity that we can make that other million or possibly even more — take some of the original million and put it together — and get it to PancOne so these guys have a real leg up for what they’re trying to accomplish,” he said.

“And this is where we got sort of stalemated.”

Viner and Clark exchanged numerous emails with various Cancer Society staff in the following weeks, but said they had trouble getting anyone to commit to an in-person meeting with them and PCCF executive director Michelle Capobianco, who had initially reached out to the CCS on their behalf.

Instead, a Jan. 11 conference call was arranged with Sara Oates, the society’s executive vice-president of finance and operations, during which the executors pitched the idea of a CCS-PCCF partnership to direct at least some of the bequest to pancreatic cancer research through PancOne.

Also on the line was Dr. Jim Biagi, a Kingston pancreatic cancer researcher, whom the executors thought would “fit like a glove” with a clause in Robert Clark’s will — that some of his donation be used for local endeavours. Biagi is supported by both PancOne and the CCS.

But Clark said the message they received from Oates was essentially “just send us the money and then we’ll have a conversation.”

“It was almost as if she was drawing a line in the sand.”

In an interview with The Canadian Press, Oates said bequests are a key component of revenue raised by the Cancer Society and that it’s critical the charity act in accordance with a donor’s specific wishes.

“So in this situation, based on the official documentation provided to us, our goal through the whole of this process, in terms of our communications and actions, has been to ensure that we followed the wishes of the donor,” she said.

Oates said the CCS is the largest charitable funder of pancreatic cancer research in Canada, investing about $1.8 million last year, with an expert panel deciding which projects across the country hold the most promise.

“We already place a big priority on work in this area … and as well as that, our support services, our programs are available to all Canadians with any cancer type,” she said.

In 2017, the CCS dedicated $15 million to breast cancer research, based on the estimated 26,500 Canadians who would be diagnosed and the 5,000 predicted to die from the disease. The charity raised almost $150 million last year, of which about $30 million came from planned donations and bequests.

An estimated 5,500 Canadians were diagnosed with pancreatic cancer and 4,800 died from the disease last year, said the CCS’s annual report, which included a special focus on the malignancy and the “urgent need” to address its challenges and improve survival rates.

The statistics reflect a grim reality of pancreatic cancer: by the time symptoms such as back and abdominal pain become evident, the tumour has usually spread to other organs, making treatment challenging.

Yet only about two per cent of cancer research dollars are dedicated to this type of tumour.

Capobianco of Pancreatic Cancer Canada is disappointed the CCS is unwilling to team up with her organization, especially since PancOne supports many of the same researchers in the field, which attracts fewer scientists than many other cancers because of its bleak outlook.

“I think that cancers like pancreatic are still not getting the attention they deserve, and that’s why organizations like ours have to exist to draw attention to it,” she said.

“I would really love to work with (the CCS) because there should not be competition for a cancer that’s set to be the second largest cancer killer. We should be working together, we should be announcing partnerships.”

All of this comes against a backdrop of slumping donations and organizational inefficiencies across the health charity sector, which led to last year’s merger of the CCS and the Canadian Breast Cancer Foundation to consolidate research efforts.

Viner said that about a week after the Jan. 11 conference call, he received an email from a lawyer for the CCS, asking the executors “to remit the remaining funds without delay” and that failure to do so could open them to legal action.

That was followed four days later by an email from Oates asking Viner and Clark to confirm in writing by Jan. 31 that they would follow the terms of the will and remit the remaining $1 million within the following 30 days.

Oates said the emails were a response to what the CCS saw as “a threat” that the executors would withhold payment “unless we complied with their wishes.”

“We feel really strongly about this and that’s why we’re standing firm on our position that the funds be designated according to the donor’s specific wishes, not those of the executors,” she said.

Viner and Clark, however, stress they have no intention of withholding the balance of the bequest and are aware they have no legal right to direct how the donation is used.

Beyond that, they believe their dispute is a cautionary tale for those planning bequests to charities to be specific about where they would like the money spent — one point that Oates also endorses.

The head of legacy giving for the Heart and Stroke Foundation, which also received a $2-million bequest, declined to comment on the CCS’s stance.

But Lori Sussman said the charity is always open to working with executors and family members about where a donation could best be put to work, as long as it’s in line with the deceased’s stated wishes.

“We are so grateful for every dollar that comes into our foundation and therefore, whether we get $100 or $100 million, we want to work with those folks.”

Given the attitude of co-operation they encountered with Heart and Stroke and other charities named in the will, the executors remain baffled and angered by what they see as the CCS’s dug-in position.

“It’s not like we’re trying to take the money away from the Cancer Society, we’re just trying to make sure it gets into good hands (working with) the Cancer Society,” said Clark.

“Having known the deceased intimately and closely, I think that this is what he would have wanted.”

—Follow @SherylUbelacker on Twitter.

Sheryl Ubelacker, The Canadian Press

by Canadian Press

Executors at odds with Cancer Society over how $2M bequest should be directed

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