Vicarious liability for wrongful acts of employees of charitable and nonprofit organizations

The law in Canada recognizes two basic approaches for somebody who has suffered damages to sue the person who caused the damages - contract law and tort law. In the case of contract law, two parties have come to an...

A ten-step checklist for board recruitment

1. Your mission is your lighthouse (a beacon in the fog) Clearly express your agency's reason for being and make it pervasive in your organization before you look for people who can help achieve long-term goals. (Placing your mission on...

Directors’ failure to meet the standard of care will result in personal liability

Unlike the incorporating statutes for business corporations, there has been little statutory reform to bring the non-profit incorporating statutes into the 20th century, much less the new millennium. The standard of care, in general, for directors of non-profit corporations is...

Rebuilding after the storm

A good friend has asked you to join the board of directors of a well known nonprofit. After the first meeting you realize this once flourishing organization is trapped in a blizzard of financial mismanagement. Or perhaps you were the...

Potential for director’s liability substantial

Charitable and nonprofit organizations in Canada are facing a wide variety of legal issues. Sometimes, these issues are of the organization's own making through inadvertence, negligence or misunderstanding, and they may, as a result, be involved in legal proceedings they...

Accountability: The maturing of the charitable sector

"We have not passed that subtle line between childhood and adulthood until we move from the passive voice to the active voice - that is; until we have stopped saying "It got lost", and say, "I lost it." - Sydney...

Financial responsibilities of not-for-profit boards

Roles and Responsibilities The management of an organization's finances is one of the least understood, yet most important responsibilities of a board member. This responsibility is on two levels - as an individual board member and as a board collectively....

Registering your nonprofit trademark

While one trade-mark application can cover both wares and services, you must file a separate application for each trade-mark. The basis of your application will be to cover existing use, proposed use, use and registration abroad, or making the mark...

Directors and officers liability insurance: An overview

This should not be construed as legal advice and is for general information purposes only. Each year, hundreds of non-profit organizations search for liability insurance. This article will help those in search of liability insurance select the most appropriate coverage....