On July 22, 2013, Justice Brown of the Ontario Superior Court of Justice released her decision on whether or not related lawsuits against three mining companies, Hudbay Minerals Inc. (“Hudbay”), HMI Nickel Inc. (“HMI”) and Compañía Guatemalteca de Níquel S.A. (“CGN”), would be permitted to proceed (the “Hudbay Actions”). The defendants brought preliminary motions in March of this year to strike each of the claims on the basis that they disclosed no reasonable cause of action. As discussed below, Justice Brown quite rightly dismissed all three of the defendants’ motions. This is a groundbreaking decision because it will result in the first time that an action is litigated in Canada on the question of whether a Canadian parent company (i.e. Hudbay) can be held liable for the actions of its subsidiaries abroad (i.e. CGN and HMI) and, moreover, it recognizes that such a finding is in fact possible.
Canada Revenue Agency’s Guidance: How to Draft Purposes for Charitable Registration (CG 019)
August 12th, 2013 by Ted HylandOn July 25, 2013, the Charities Directorate of the Canada Revenue Agency (CRA) issued policy guidance on how to draft purposes clauses for charitable registration. At the same time, CRA also issued revised Model Purposes clauses.
The Guidance will apply to new applicants for charitable registration, existing registered charities that are seeking to change their charitable purposes and, undoubtedly, will be used by CRA in auditing registered charities and assessing their eligibility for ongoing registration.
Client Profile: Mainstay Housing
July 29th, 2013 by Iler CampbellMainstay Housing is a non-profit agency working with people who live with mental health and addiction issues and who are deeply affected by poverty. Mainstay provides housing and ongoing support and opportunities to be part of a community. Mainstay’s rents are geared-to-incomes and are subsidized by the Ministry of Health and Long Term Care. Tenants live independently in a variety of housing options with flexible support from Mainstay’s supportive housing workers. Mainstay is the single largest non-profit provider of supportive housing in Ontario with 1100 residents living in 867 households of singles, couples and families in 41 residential locations across Toronto. In addition, Mainstay has 88 additional apartments in the private rental market. Professional staff, from caretakers and maintenance workers, to admin and support staff, work together to ensure the properties Mainstay’s tenants call home are safe, quality places to live.
Free Webinar on Policy on Competing Human Rights
July 19th, 2013 by Iler CampbellOntario Human Rights Commission is offering a free webinar on its Policy on Competing Human Rights. The policy provides importance guidance on what to do when to accommodate the rights of one person leads to a possible breach of the rights of another.
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Client Profile: Architectural Conservancy of Ontario
July 17th, 2013 by Iler CampbellThe Architectural Conservancy of Ontario is a charity with the goal of helping communities preserve buildings and structures of architectural merit and places of natural beauty and interest. Their activities include advocacy and activism, the commissioning of studies and reports as well as public outreach and education programs. Twice yearly they publish ACORN, a magazine devoted to preservation issues of province-wide interest . Their PreservationWorks! program sends experts to assess and report on heritage properties and can assist in gaining public support, warn of structural issues and suggest preservation strategies. And their Historic Architectural Linking Program connects prospective purchasers with vacant, at-risk heritage properties. The Conservancy has 24 branches across Ontario. Branch activities include lectures, tours and advocacy and restoration of heritage properties.
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Client Profile: Options for Homes Non-Profit Corporation
July 10th, 2013 by Iler Campbell
Danforth Village Estates, one of Options’ current projects, on Danforth Road just north of Eglinton Avenue East.
Options for Homes Non-Profit Corporation (“Options”) is dedicated to providing quality condominium homes in great communities at the best possible price. Over 3,700 new homes have been built using their innovative model, creating great communities of people living in quality homes that are affordable.
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