Articles 2018

Today
Today
Compliance with Corruption of Foreign Public Officials Act

Compliance with Corruption of Foreign Public Officials Act

  • November 13, 2015
  • Michael Gleeson

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.

Charity and Not-For-Profit Law

Federal or Provincial Incorporation for a Non-charitable NPO Planning to Operate Provincially

  • November 09, 2015
  • Heather Keachie

The continued delay of the coming into force of the Not for Profit Corporations Act, 2010 (Ontario) (“ONCA”) has raised some difficult questions for practitioners in the sector. Clients considering incorporating a non-profit organization (“NPO”) have a number of factors to weigh when choosing a jurisdiction, and the uncertainty around the promulgation of the ONCA is an additional concern.

Charity and Not-For-Profit Law

From A Confluence of Laws a Charity Emerges

  • November 09, 2015
  • David A. van der Woerd

Comments on the recent case of Dhadda et al. v. Dhaliwal et al., 2015 ONSC 4139, 126 O.R. (3d) 459, released on June 25, 2015 by Justice Le May of the Ontario Superior Court of Justice.

Charity and Not-For-Profit Law
Fantasy Football - Lessons Learned from “Deflategate”

Fantasy Football - Lessons Learned from “Deflategate”

  • September 21, 2015
  • Clifford Hart

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.

Charity and Not-For-Profit Law
Tax Court Dismisses Appeals for Charitable Tax Credits

Tax Court Dismisses Appeals for Charitable Tax Credits

  • September 21, 2015
  • Linsey E.C. Rains

The Tax Court of Canada recently released two informal procedure decisions which upheld the Minister of National Revenue’s disallowance of charitable donation tax credits claimed by two individual taxpayers. The July 9, 2015 decision in Duggan v The Queen dealt with the Minister’s denial of cash donations made to two registered charities, Mega Church International and Operation Save Canada’s Teenagers, which totalled $20,000 in 2007 and $16,890 in 2008.

Charity and Not-For-Profit Law

Student Discipline: Practical Strategies for Helping High Risk Students Succeed

  • April 13, 2015
  • Nicole Myers

On March 31, 2015, 60 lawyers convened to partake in the Education Law & Child and Youth Sections’ joint program, “Student Discipline: Practical Strategies for Helping High Risk Students Succeed”. Chaired by Mary Birdsell, Executive Director of Justice for Children and Youth, and Brenda Stokes Verworn, counsel to the District School Board of Niagara, the engaging program provided counsel – on both sides of the table – with critical take-ways to implement in your practice.

Charity and Not-For-Profit Law
Top Canadian Charity Law Compliance Issues

Top Canadian Charity Law Compliance Issues

  • April 02, 2015
  • Mark Blumberg

This article provides a brief summary of some of the most important issues that lawyers should pay attention to when thinking of legal compliance for registered charities in Canada.

Charity and Not-For-Profit Law
Court Refuses to Vary the Terms of a Restricted Gift

Court Refuses to Vary the Terms of a Restricted Gift

  • March 19, 2015
  • Ryan M. Prendergast

In Mulgrave School Foundation (Re), the British Columbia Supreme Court considered a request by a charity to vary a gift for a particular purpose. After considering the lack of any evidence showing impossibility or impracticality, the BCSC refused to allow the donations intended to be used for scholarships to be used in the construction of the school.

Charity and Not-For-Profit Law
“Support Persons” and A Child Witness

“Support Persons” and A Child Witness

  • March 11, 2015
  • Brock Jones

What is the proper role of a support person in the courtroom, and what should they do, or not do, while a child is testifying about highly contentious matters? A review of R v CT 2015 ONCJ 93

Charity and Not-For-Profit Law