Our Not-for-Profit Group

Our Not-for-Profit Group includes highly-specialized lawyers who provide prompt and informed legal advice as required on a day-to-day basis by our clients in this sector.

Our Group provides a wide range of services which are specifically required by not-for-profit organizations.  We also have access to specialists in the firm in other areas of legal practice such as litigation, real estate, employment law, trademarks and tax.

Our Group has been in existence for several years and during that time has advised hundreds of participants in the not-for-profit sector.  We act for over 200 not-for-profit clients of all sizes in most areas of the country.  These include hospitals, schools, colleges, social agencies, charities, religious groups, foundations, sports and cultural groups, health related charities, industry associations and professional organizations.

Our Services

Borden Ladner Gervais LLP is proud of the fact that we have been involved in the successful completion of many innovative developments in the not-for-profit sector.  By being disciplined, creative, persuasive, understanding and flexible, we provide caring solutions to difficult legal issues and help our clients achieve their program objectives. We are aware of the financial restraints faced by this sector.  We try to bring creative, practical solutions at a reasonable cost in legal expense and executive time. We advise volunteer boards concerning their responsibilities and obligations.  We have a brief, easy-to-read publication dealing specifically with the duties and liabilities of directors of non-share capital corporations.  Our regular publications, the "Not-for-Profit Law Update" and "Alert" provide clients and friends with information about changes in the law which are relevant to the not-for-profit sector.  We hold seminars for clients and the lawyers of our Group speak at conferences and seminars on a regular basis.

Our Experience

Borden Ladner Gervais lawyers are encouraged to take an active part as volunteer workers and board members in various community and charitable organizations.  The lawyers in our Group take leadership roles on local, provincial and national volunteer boards.  This helps our community and helps us understand the problems faced by those in responsible positions in these types of organizations.

Several of our group members are active in the Canadian Bar Association's Charity and Not-for-Profit Sub-Section.  Many have had leadership roles as chairs of hospital boards, national social agencies, health related groups and many more.

We advise managers of non-profit organizations on a regular basis concerning matters such as:

  • Legal issues specific to the sector in which the organization operates, including specific provincial legislation dealing with hospitals, schools, child and family services, charities and trustees
  • The incorporation, organization and ongoing management of corporate law matters, including supplementary letters patent, by-laws and procedures for meetings of members and directors
  • Income tax issues, including registration as a charity with Canada Customs and Revenue Agency, compliance with CRA requirements including disbursement quotas, planned giving and philanthropic aspects of estate planning
  • Matters relating specifically to industry and professional associations, including the Competition Act, trade law, etc.
  • Trust law, investment restrictions and G.S.T. issues
  • Board fiduciary duties and governance concerns
  • Technology matters, including website agreements, software agreements, domain name and trade-mark disputes
  • Employment law matters, including union and human rights problems
  • Fund raising issues
  • Client/patient/customer relationships and rights issues
  • Privacy legislation issues, and
  • Joint venture, outsourcing, restructuring and insourcing arrangements

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