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Tinju Thomas, TT Law Professional Corporation | October 08, 2025
This Article examines Barrie & District Association of Realtors v. Information Technology Systems Ontario (2025 ONSC 3388), where the Ontario Superior Court upheld a not-for-profit’s authority to amend membership rules under the ONCA. The court dismissed BDAR’s challenge to ITSO’s by-law changes, finding they were valid, clear, and made in good faith to preserve ITSO’s independence. Justice Mathai emphasized judicial deference to internal governance decisions absent bad faith or procedural unfairness. The decision affirms that not-for-profits may adapt their governance structures to evolving needs, particularly in competitive, networked sectors like MLS systems, so long as changes are procedurally sound and aligned with corporate purpose.
Learn moreWhat the CBA Charity Law Conference Taught Me About the Future of Giving
When I first signed up for the CBA Charity Law Conference, I expected to learn a few technical updates and maybe connect with others working in the sector. What I did not expect was to walk away thinking differently about forests, international partnerships, and the power of law to shape how we care for people and the planet.
Learn moreOntario Superior Court Decision Highlights Importance of Properly Drafting By-laws
Esther S.J. Oh and Urshita Grover | December 11, 2024
The authors examine <em>Mississauga Majors v. Provincial Women’s Softball Association</em>, 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.
Learn moreONCA Gives Courts Right to Review Election or Appointment of Director
Jennifer Leddy, partner, Carters | April 17, 2024
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.
Learn moreRoadmap to Effective Testamentary Charitable Giving
Rami Aziz, Aziz Law Professional Corporation | February 27, 2024
On January 17, 2024, the OBA’s Trust and Estates section hosted a panel of experts to discuss testamentary charitable giving. In this article, Rami Aziz discusses this program, starting with a discussion of gifts in kind and the importance of adequately investigating a testator’s assets, and then moving on to discuss strategies for drafting lawyers to minimize risk and considerations when the intention is for donations to be made after death.
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