Articles 2024

Aujourdʼhui
Aujourdʼhui

Ontario Superior Court Decision Highlights Importance of Properly Drafting By-laws

  • 11 décembre 2024
  • Esther S.J. Oh and Urshita Grover

The authors examine Mississauga Majors v. Provincial Women’s Softball Association, in which the Applicant, the Mississauga Majors Baseball Association, a not-for-profit corporation that offers baseball and softball leagues exclusively for youth and young adult females (the “Majors”), sought a declaration from the court directing the Respondent, the Provincial Women’s Softball Association, which is the governing body for women’s softball in Ontario, to comply with its by-laws.

Œuvres de bienfaisance et organismes à but non lucratif, Student Forum

ONCA Gives Courts Right to Review Election or Appointment of Director

  • 17 avril 2024
  • Jennifer Leddy, partner, Carters

The case of Metmeke v Yigzaw is an interesting case about the authority given to a court under the ONCA to review the election or appointment of a director. In this case, a contested election for a church’s board of directors spiraled out of control, leading to a motion to overturn the results of that election.

Œuvres de bienfaisance et organismes à but non lucratif, Student Forum

New, Simplified Continuance Process for Social Companies

  • 25 janvier 2024
  • Victoria Prince, Ryma Nasrallah, Katherine Carre, Nick G. Pasquino, Sylvie Lalonde

On Dec. 4, 2023, the Less Red Tape, More Common Sense Act, 2023 received Royal Assent, bringing an important amendment to the Corporations Act (Ontario) into force.

Œuvres de bienfaisance et organismes à but non lucratif, Student Forum

Amendments to the Ontario Not-for-Profit Corporations Act, 2010 effective Oct. 1, 2023

  • 25 janvier 2024
  • Katherine Carre and Victoria Prince

On April 3, 2023, the Ontario government introduced Bill 91 or the Less Red Tape, Stronger Economy Act, 2023 (Bill 91). Bill 91 amends various pieces of legislation including the Ontario Not-for-Profit Corporations Act, 2010. The amendments to Ontario Not-for-Profit Corporations Act, 2010 are effective Oct. 1, 2023.

Œuvres de bienfaisance et organismes à but non lucratif, Student Forum

Draft Budget Implementation Legislation: Part III, Other Updates

  • 31 août 2022
  • Terrance S. Carter, Theresa L.M. Man and Jacqueline M. Demczur

Two pieces of draft legislation – one to make technical amendments to the Income Tax Act (“ITA”) and Income Tax Regulations (“Regulations”), and one to implement parts of Budget 2022, among other proposals, by amending the ITA and Regulations – have been released. This article, which is Part III of a Three-Part series, will discuss other updates contained in the draft legislation.

Œuvres de bienfaisance et organismes à but non lucratif, Student Forum

Draft Budget Implementation Legislation: Part II, Updated Reporting Requirements for Trusts

  • 31 août 2022
  • Terrance S. Carter, Theresa L.M. Man and Jacqueline M. Demczur

Two pieces of draft legislation – one to make technical amendments to the Income Tax Act (“ITA”) and Income Tax Regulations (“Regulations”), and one to implement parts of Budget 2022, among other proposals, by amending the ITA and Regulations – have been released. This article, which is Part II of a Three-Part series, will updated reporting requirements for trusts.

Œuvres de bienfaisance et organismes à but non lucratif, Student Forum

Draft Budget Implementation Legislation: Part I, Disbursement Quota

  • 31 août 2022
  • Terrance S. Carter, Theresa L.M. Man and Jacqueline M. Demczur

Two pieces of draft legislation – one to make technical amendments to the Income Tax Act (“ITA”) and Income Tax Regulations (“Regulations”), and one to implement parts of Budget 2022, among other proposals, by amending the ITA and Regulations – have been released. This article, which is Part I of a Three-Part series, will discuss the disbursement quota.

Œuvres de bienfaisance et organismes à but non lucratif, Student Forum

Crowdfunded Donations to Result in Information being Reported to Federal Government

  • 04 juin 2022
  • Terrance S. Carter, Nancy E. Claridge, Sean S. Carter

New regulations subject crowdfunding services to significant obligations, including keeping records of certain clients, fund raising purposes and some beneficiaries and verifying the identity donors giving more than $1000. Charities should take note that personal identifying information regarding crowdfunded donations will be provided to FINTRAC just like donations through the traditional banking system and may be shared with other agencies within the federal government.

Œuvres de bienfaisance et organismes à but non lucratif, Student Forum

Corporation Fined, Director Imprisoned for Contempt in Copyright Infringement Decision

  • 04 avril 2022
  • Sepal Bonni

In a rare decision, the Federal Court of Canada found a party in contempt of court for breaching the terms of two previous judgments concerning copyright infringement, resulting in a severe fine and imprisonment of a director of the infringing. It serves as a reminder that courts take intellectual property protection seriously and will impose liability on both infringing corporations and on their directors when necessary and appropriate.

Œuvres de bienfaisance et organismes à but non lucratif, Student Forum