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61901.03British Columbia recently introduced the “Community Contribution Company”, a hybrid of for-profit business corporation and non-profit corporation without share capital. Its purpose is to allow limited investor returns within the context of a traditional for-profit company. This paper discusses the salient features of this new corporate structure, providing a balanced overview of its challenges and opportunities. It also reviews its various incarnations in other jurisdictions and outlines its potential uses in BC and Canada generally. This paper was presented at the Advising Charities, Not-for-Profits, and Social Enterprises Seminar in November 2013.
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61901.02Organized in a step-by-step fashion, with a full table of contents, this paper surveys some of the more difficult areas in the process of achieving and maintaining charitable status, and, for those who do not qualify (or choose not to), provides information on how to create and maintain simple non-profit status under the Income Tax Act. This paper was presented at the Advising Charities, Not-for-Profits, and Social Enterprises Seminar in November 2013.
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61901.01This paper seeks to define the term “social enterprise” and goes on to address questions like these: what considerations arise in giving advice to charities and not-for-profit organizations involving social enterprise? How does social enterprise currently fit into our legal system? What are the issues for individuals wanting to set up a social enterprise? Includes a list of reference materials including cases and articles. This paper was presented at the Advising Charities, Not-for-Profits, and Social Enterprises Seminar in November 2013.
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61858.06After a brief overview of the Western Law Societies’ Conveyancing Protocol, this paper presents practical tips for practitioners such as when one can use the protocol, making claims pursuant to the protocol, and dealing with Real Property Report compliance issues. This paper was presented at the Law and Practice Update program in November 2012.
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61858.04In this paper, the author provides a brief refresher for lawyers practicing civil litigation in Alberta. The author discusses the new conflicts rules in the Code of Conduct, the drop dead rule, booking a trial, and court assistance in litigation. The paper concludes with a number of practical litigation tips. This paper was presented at the Law and Practice Update program in November 2012.
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61850.04This paper discusses the material differences of directors’ duties and liabilities of not for profit organizations in Alberta from for profit organizations. Specifically, the author centers his analysis in the Societies Act, part 9 of the Companies Act, the Canada Corporations Act, and the new Canada Not for Profit Corporations Act. This paper was presented at the Directors’ and Officers’ Liabilities seminar in December 2012.
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61850.01This paper provides an overview of the key duties of directors and officers as well as a brief summary of other statues that may impose director and officer liability. Although the focus of this paper reflects the perspective of Canadian public corporations, many of the principles presented will be applicable to directors and officers in other contexts. This paper was presented at the Directors’ and Officers’ Liabilities seminar in December 2012.
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61861.03This paper addresses the basic questions surrounding estate freezes and comments on some of the important legal, planning, and tax considerations a practitioner should keep in mind when embarking on such a project. Topics discussed include what an estate freeze is and when and how one should be implemented. This paper was presented at the Advising a Private Family Business seminar in November – December 2012.
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61861.02This paper investigates the role of legal advisor in four sections – business structures, governance, due diligence, and succession planning – with the intent of guiding the reader through common situations a practitioner might find when advising family businesses. Precedent documents for annual reporting and due diligence are included. This paper was presented at the Advising a Private Family Business seminar in November – December 2012.
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61854.04This paper begins with a brief overview of the social media websites that employment lawyers should have a working knowledge of, and explores the nature of potentially relevant evidence found on these websites. The author outlines of how social media evidence can be preserved before and throughout the litigation process by providing an overview of spoliation and preservation orders. The paper concludes with a discussion of how lawyers must ‘click with caution’ when gathering social media evidence due to privacy and ethical issues. The admissibility of social media evidence obtained through improper means is also discussed. This paper was presented at the Employment Law Update program held in October and November of 2012.
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61854.03This paper discusses current issues being addressed by human rights tribunals, arbitrators and the courts with respect to the employers’ duty to accommodate. The author provides an analysis of case law which highlights the challenges faced in attempting to accommodate employees with complex needs. In particular, the paper provides an overview of recent cases which discuss the problem of identifying the employer to the accommodation process where conduct arises from a party who would not normally be considered an employer of the complainant. The author concludes with a brief overview of ‘family status’ as a prohibited ground of discrimination, including a discussion of Devaney v ZRV Holdings Ltd which looked at an employee’s need for a flexible work arrangement to care for his elderly mother. This paper was presented at the Employment Law Update program held in October and November of 2012.
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61854.02This paper reviews the legal limitations imposed on employers seeking to limit the post-employment activities of their employees. The author provides historical context to restrictive covenants in employment contracts, discusses restrictive covenants in general and concludes with an in-depth discussion of the current trend towards limiting the freedom of contract between employer and employee. This paper was presented at the Employment Law Update program held in October and November of 2012.
