Membership driven organizations vs. a self-perpetuating board

When establishing a charitable or non-profit organization an important decision that needs to be made is whether the organization will be board driven or member driven.  The not-for-profit corporation statutes in this part of the world are all being increasingly modeled on the premise that members will influence the management of the organization.  Recent statutory reforms are designed to enhance membership rights and responsibilities in non-profit organization.  But many organizations have no real active membership at all.  In an organization that is board driven, there are typically no real members at all, or the members that do exist have very limited rights.  Often these are referred to as self-perpetuating boards, where the members and the directors are one and same persons. 

Legal Matters - Litigation

Question:  Can I sue the City if a flash flood damages my property?

Not Criminally Responsible Defence

What does the Not Criminally Responsible Defence Mean?

Legal Matters - Personal Injury

Question: I suffer from major depression and cannot work.  My psychiatrist filled out forms for me and my insurer denied my application for disability benefits. Is this common?

Reporting a car accident

When do I have to report my car accident to the police?

Homeowners Hallowe'en Safety

What precautions should homeowners take on Halloween night?

Entirely Inconsistent Interpretations: How an Entire Agreement Clause may hold up in Court

Barry Yellin, Partner in the Commercial Litigation Group, delivered a paper that was co-authored by Emily Maw to the Hamilton Law Association, Corporate Commercial Law Seminar.  Here is the content of that paper.

Remembering Compassion

Although I represent both employers and employees, I spend much of each day meeting with people who have recently lost their job. They are going through, in one way or another, the typical stages of grief. By the time they see me, either a few or ten days after they got the news, they could be in any stage of the process…denial, anger, depression or acceptance.

The Queen v. Luca Magnotta-the Defence of Not Criminally Responsible by Reason of Mental Disorder

The trial of Luca Magnotta on a charge of first-degree murder, currently underway in Montreal, has once again put the defence of not criminally responsible by reason of mental disorder in the spotlight.  Some may recall that it was successful in Toronto for Richard Kachkar in the killing of a Toronto police officer but every case has different facts which may lead to very different results.

Adrian Peterson and Child Abuse in Canada

While we’ll need to wait for the outcome of trial proceedings involving Minnesota Vikings star running back Adrian Peterson on a charge of abusing his four-year-old son and he and Vikings fans will have to wait too before the issue of his return to the playing fields of the NFL is determined, some may wonder how that kind of situation may be addressed in a Canadian criminal court.