As a lawyer, it is almost certain that, regardless of practice area, you will encounter a charity law issue at some point over the course of your career. Some of your clients may be charities or not-for-profit organizations. Others may be individuals who wish to support, or work with, such organizations. Or perhaps you are involved in a charity in your personal capacity but, as the “resident lawyer”, you are looked to for guidance and support on legal issues.
Even the simplest charity and not-for-profit operates in a surprising complex legal environment. Whether you are a charity law specialist, or someone who is just being introduced to the idea of charity and not-for-profit law, we invite you to join the Charity and Not-For-Profit Law Section’s special program at the 2017 OBA Institute. We will be hosting a series of panels as part of our program Charity and Not-for-Profit Law: A Point of Intersecting Areas of Practice (Tuesday February 7, 2017 | 9 a.m. - 12 noon)
This continuing education session will identify and suggest solutions for possible issues you may not have known about or appreciated as applicable to charities. We will explore the current legal context in which charities and not-for-profits operate, with a particular emphasis on when charity law intersects with other areas of law in unique and potentially litigious ways (e.g. corporate law, employment law, wills and estates, tax, real estate). When do charities, their directors, or legal advisors most commonly get themselves into trouble? It is our goal to provide participants with practical insights from very knowledgeable legal professionals, on when and where issues may arise, and on how to minimize or avoid the related risks.
The program is structured to address the following:
Real Estate Issues Unique to Charities - Theresa L.M. Man B.Sc., M.Mus., LL.B., LL.M., Carters Professional Corporation
- Holding real estate as an unincorporated charitable organization, including items of note regarding the Religious Organizations’ Lands Act;
- Holding Real Estate for Charitable Purposes, and issues with surplus capacity;
- Holding Real Estate in a Parallel Foundation or other land holding structures; and
- Transfers of Land, applicable taxes, and rebates relating to HST.
Top Employment Issues and aspects of Charitable Activities that can pull Charities and Not-For-Profits into Litigation - Leslie J. Smith, Leslie J. Smith Law Offices Oakville
Ethical Issues for Lawyers Sitting on Charitable or Not-for-profit Boards (accredited for 0.5 professionalism hours): David Amy (Amy Appleby & Brennan) and Robert Hayhoe (Miller Thomson LLP)
Topics to be addressed include Ethics and Professional Responsibility:
- Duty to maintain confidentiality, including justified and permitted disclosure;
- Duty to avoid and manage conflicts of interest; and
- Recognizing and fulfilling fiduciary obligations.
Issues with Wealth Transfer via Charities - M. Helena Hoffstein, Partner, Fasken Martineau
- Typical methods of inter vivos and testamentary giving using charities, and related pros and cons;
- Using private vs. public foundations; and
- Recent budget/tax changes affecting transfers.
Accreditation: 2.5 substantive hours, 0.5 professionalism hours
Program Chairs: Derek Ross, Executive Director, Christian Legal Fellowship
Teresa Douma, B.A., LL.B., Douma Law
All of us interact with Charities and Not-for-profits regularly in our personal lives, if not our professional ones. Even the simplest charity and not-for-profit operates in a surprising complex legal environment, but you can help them navigate these issues so that they can continue to carry out their good work. We look forward to welcoming you to our program!
About the author
Teresa Douma, Douma Law