Not for Profit Law

Voluntary organizations and member disputes take another trip to the Supreme Court

September 30th, 2020 by Ted Hyland

According to a June 2020 Statistics Canada study, in 2018 more than 12.7 million people in Canada volunteered for charities, non-profits and community organizations, contributing more than 1.6 billion hours. While not all are members of the organizations for which they volunteer, many are.

Under what circumstances does their membership have the legal status that will attract a judge’s jurisdiction and oversight, particularly when there are disputes leading to the expulsion or other discipline of members? This question is again headed to the Supreme Court of Canada for an answer later this fall.

The question is not an abstract one. It involves the interplay between the rights of the members and the discretion of those in charge of the organizations to make decisions that affect their members’ rights. If a member is dissatisfied with the decision, can they go to court?

Continue reading “Voluntary organizations and member disputes take another trip to the Supreme Court”

Free legal webinar series – every Wednesday in May

April 24th, 2020 by Iler Campbell

Every Wednesday in May: Free legal webinars for co-op & non-profit housing, employers and small business.

We know that COVID-19 has brought new challenges, including many legal ones.  We know too that the old legal challenges are all still there. Finally, we know that organizers of all in-person conferences and workshops have cancelled them for the foreseeable future.  The need to learn, however, has not stopped.

We’re here to help.

Join us in May every Wednesday at noon for a free legal webinar series. Continue reading “Free legal webinar series – every Wednesday in May”

Ontario government passes emergency order allowing virtual meetings and AGM extensions for non profits (but not for co-ops)

April 9th, 2020 by Claudia Pedrero

UPDATE: this order has been extended to co-ops and condo corporations. See our update here.

Last week the provincial government passed an emergency order giving Ontario non‑profits some much‑needed flexibility during this challenging time.

Unfortunately, this order does not extend to Ontario co‑operative corporations, so organizations governed by the Co‑operative Corporations Act need to adhere to the rules in that legislation and their by‑laws on when and how to hold meetings. The housing co-op world is still recommending as they did in the March 24 communique from CHFT.

The government passed an emergency order under section 7.1(2) of the Corporations Act that temporarily suspends various sections of that legislation and substitutes the following new rules that affect non‑profits: Continue reading “Ontario government passes emergency order allowing virtual meetings and AGM extensions for non profits (but not for co-ops)”

Canada’s social economy about to get a boost, but problems remain

February 7th, 2020 by Brian Iler

This article was first published on rabble.ca

Canada’s social economy — those social enterprises (nonprofits, charities and co-operatives) that generate income in pursuit of social goals instead of profit — is about to get quite a boost.

Quietly, but thoughtfully and effectively, the federal government has initiated and funded, with serious money, a brand-new program creating the Social Finance Fund, to drastically expand the social economy.

This year, $50 million is flowing, and is set to quickly increase to $75 million per year for the next 10 years.

The fund is intended to address a major impediment to growth of the social economy — the shortage of investment capital.

While the private sector readily raises millions through Bay Street’s financial institutions, social enterprises don’t attract their interest. Instead, to be successful, social enterprises rely heavily on the communities they serve for financial support. And that often isn’t enough.

Hence the fund.

The creation of the fund was one of 12 recommendations in support of social innovation and social finance made to the federal government made in August 2018 by a steering group broadly representative of social economy organizations. Continue reading “Canada’s social economy about to get a boost, but problems remain”

Client Profile: rabble.ca

November 13th, 2019 by Iler Campbell

A table with a rabble.ca banner, covered in pamphlets with a large hand-painted sign behind which reads 'Beautiful CHAOS'.

Founded by Judy Rebick in 2001, rabble.ca is an on‑line magazine for the Canadian progressive community. It was built on the efforts of journalists, writers, artists and activists across the country and has a unique role of reporting on stories from civil society, providing a counterbalance to corporate-owned media. For over 18 years, rabble has amplified the voice of social movements and grassroots activism across the country. rabble.ca is proud to say that, despite the crowded landscape of progressive on‑line news sources, it gets up to 450,000 visitors monthly – numbers that continue to grow. It attracts these numbers by featuring some of the best new and emerging progressive voices in Canada.

Iler Campbell and rabble.ca have a relationship dating back to its inception when they consulted us on the inevitable legal issues that arise for any new non‑profit, and definitely for a progressive news organization that occasionally dips its toe into controversial waters. We remain on standby to provide what we hope is quick and useful advice on legal issues faced by rabble.ca as a mature organization.

Beginning in March 2012, we were proud to say “yes” to rabble.ca’s offer for Iler Campbell to contribute a monthly column, “pro bono”. Former Iler Campbell lawyer, Paula Boutis, kicked things off with an article on election law. Since then, we’ve written on topics as wide ranging as: environmental issues, housing, international labour standards, medically assisted death, impact investing, the legal profession, cannabis, non‑profit governance, Canada’ prison system, and human rights.

As well as providing content for rabble’s website, these articles also feature on our firm blog where we hope that they contribute to much‑needed debates on all of these topics. To see them all as they appear on the Iler Campbell blog, click here.

September 2019 marked our 90th column from 17 different lawyers and articling students who have been at the firm, including the eight who currently comprise Iler Campbell LLP. We couldn’t be prouder!

Client Profile: Toronto Outdoor Picture Show

October 16th, 2019 by Iler Campbell

This slideshow requires JavaScript.

Toronto Outdoor Picture Show (TOPS) is a Toronto‑based not-for profit that was originally founded in 2011 with its signature project, Christie Pits Film Festival (CPFF), a summer-long festival of free outdoor film screenings in the natural amphitheatre of Toronto’s Christie Pits Park.

CPFF is now Toronto’s largest public outdoor film festival and the epitome of magical summer evenings for many local residents. In 2015, the organization officially incorporated and adopted TOPS as its umbrella name. Since then, it has since expanded its programming and offers a summer‑long season across other areas of the city – from North York to Fort York, Toronto’s east side to Etobicoke – and has reached an audience of over 60,000 people over its 9-summer history. Each summer, the organization programs a combination of popular and critically-acclaimed feature films alongside local and Canadian short and feature films that celebrate excellent homegrown talent. Continue reading “Client Profile: Toronto Outdoor Picture Show”