Articles

This article summarizes recent case law for employers when terminating employees when the employer is facing financial difficulties.

This article summarizes changes made in the recent Notice of Ways and Means Motion effective January 1, 2016 concerning adjustments made by the Liberal Government to increase the tax payable by the wealthiest 1% of Canadians and the charitable tax credit at the same time.

The year 2015 saw a number of important legal developments of interest to Canada’s charitable sector. This article highlights the key updates that charities should be aware of, including Federal Budget 2015, salient cases, and important legislative updates.

On October 27, 2015 the Ontario Government introduced Bill 132, the Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2015. This article will only deal with Bill 132’s proposed changes to the Occupational Health and Safety Act. As these proposed changes will, at a minimum, require every employer to revise their workplace harassment policies, the requirements are set out in detail in this article.

On September 14, 2015, the Ontario Court of Appeal released its decision in Pruner v Ottawa Hunt and Golf Club, Limited. The Court held that Mr. Pruner was not entitled to keep his voting Class B share if he wants to transfer from being a Fully Privileged Golfing Member to a Senior Social Member. Furthermore, the Court dealt with a jurisdictional issue involving orders under the Ontario Corporations Act.

Among the many legislative and regulatory obligations that apply to a charity or not-for-profit corporation acting in a foreign jurisdiction is Canada’s Corruption of Foreign Public Officials Act. Although the Act has now applied to charities and not-for-profit corporations for more than two years, many corporations in the not-for-profit sector have not yet taken any steps to make their employees and representatives aware of the requirements under the Act.

A recent CRA ruling conveniently breaks down some of the rules about how a non-profit organization (NPO) may distribute its assets on dissolution.

In his lengthy decision of September 3, 2015, U.S. District Judge Richard Berman overturned the four-game suspension issued by NFL Commissioner Roger Goodell to New England Patriots' quarterback Tom Brady in the “Deflategate” scandal. The decision is very critical of the NFL and its processes, and has been appealed by the NFL. But there are important takeaways from the decision that are of general application for all employers.