Articles

About ArticlesThe below articles are published by the Charity and Not-for-Profit Law Section of the Ontario Bar Association. Members are encouraged to submit articles.About Articles

Editor: Katherine Carre

Today
Today

Recent SCC Decision on Pre-Incorporation Contracts Could Affect Ontario Not-for-Profits

  • February 20, 2021
  • Andreea Muth

A recent decision by the Supreme Court of Canada, involving a dispute over whether an agreement governing a parking facility had been adopted by a strata (condominium) corporation, provides a useful summary of basic contract principles applied in the context of a pre-incorporation contract. This decision is important for Ontario not-for-profit corporations and business corporations incorporated in Nova Scotia (even if they operate in Ontario).

Business Law, Charity and Not-For-Profit Law, Student Forum

Gifts of Private Company Preferred Shares to Registered Charities

  • November 19, 2020
  • Brittany Sud, Miller Thomson LLP

This article reviews how donating preferred shares to a registered charity may be a tax efficient option for transferring wealth, but charities should conduct due diligence prior to acceptance.

Charity and Not-For-Profit Law, Student Forum

Does Your Client Need a Court Order in a Charitable Matter? Maybe the OPGT Can Help

  • October 19, 2020
  • Charitable Property Program of the Office of the Public Guardian and Trustee

First published in 2014 by the Charitable Property Program of the Office of the Public Guardian and Trustee, this article has been updated and provides guidance on how to obtain a court order in connection with certain charitable matters.

Charity and Not-For-Profit Law, Student Forum

Accessing Restricted Funds Amidst the COVID-19 Crisis

  • May 22, 2020
  • Andrew Valentine

For charities that hold endowment or other restricted funds, a natural question arises amidst the current economic downtown: can we access these funds to support our programs, meet our expenses and enable us to continue operating during this time of crisis?

Charity and Not-For-Profit Law, Student Forum

NFP Board and Members’ Meetings Amidst COVID-19 Pandemic

  • April 20, 2020
  • Theresa L.M. Man

Amidst the COVID-19 pandemic, many not-for-profit organizations, including charities, are considering how to adjust their way of holding board meetings and members’ meetings without holding in-person meetings, which often involves complicated considerations.

Charity and Not-For-Profit Law, Student Forum

Updates to the Canada Elections Act: Impact on Non-Profits and Charities

  • March 03, 2020
  • Susan M. Manwaring and Gwenyth Stadig, Miller Thomson LLP

Recent amendments to the Canada Elections Act (the “Elections Act”) came into force and effect on June 13, 2019. This article summarizes these significant changes and how they impact non-profit organizations and registered charities.

Charity and Not-For-Profit Law, Student Forum

Special Senate Committee on Charitable Sector Releases Final Report

  • August 08, 2019
  • Terrance S. Carter, Theresa L.M. Man, and Ryan M. Prendergast

On June 20, 2019, the Special Senate Committee on the Charitable Sector released its final report, Catalyst for Change: A Roadmap to a Stronger Charitable Sector, setting out its findings from a year-long study with respect to the charitable and non-profit sector and making 42 recommendations to the Government of Canada. Following is a brief summary of the discussions and recommendations made in the Report.

Charity and Not-For-Profit Law, Student Forum