Charity and Not-For-Profit Law Conference 2011


Course Date: April 8, 2011

Welcome and Introduction

Robert G. Kuhn — Kuhn & Company, Vancouver and Abbotsford
Kevin G. Sawatsky — University Legal Counsel and Professor of Law, Trinity Western University, Langley

Charities in the Court Room—Hot Topics in Charities and and Not-For-Profit Law

  • litigating internal control disputes
  • how can a director be indemnified
  • the cy pres doctrine

D. Geoffrey Cowper, QC — Fasken Martineau DuMoulin LLP, Vancouver
W. Stanley Martin — Fasken Martineau DuMoulin LLP, Vancouver

Networking Break

Concurrent Sessions #1 (choose one)

A. Charities and Current Taxation Issues

  • what is the disbursement quota and why should you care?
  • Federal Budget 2010 changes to the disbursement quota
  • how has planning changed?

Margaret H. Mason — Bull, Housser & Tupper LLP, Vancouver

B. Insurance for Charities and Non-Profit Organizations

  • determining insurance needs
  • types of insurance policies available
  • multiple coverages
  • third person recovery
  • what triggers coverage and the importance of limitation periods
  • obligations of the insurer and the insured
  • litigation issues and obligations of insurer-appointed defence counsel

David B. Wende — Alexander Holburn Beaudin & Lang LLP, Vancouver

C. Guidelines for Charities Operating Internationally

  • nuance and flexibility in CRA's Revised Guidance on International Charitable Activity
  • practical tips and precedents on how to structure international charitable activity
  • are you (not) funding terrorism?: a "made in Canada" approach from CRA
  • the role of the lawyer in international matters

Robert G. Kuhn — Kuhn & Company, Vancouver and Abbotsford
Ian C. Moes — Kuhn & Company, Vancouver and Abbotsford

Lunch With Featured Speaker: "Meeting the Challenges of Leadership in the Charity and Corporate World"

Peter Legge, OBC, LLD (Hon), DTech, CSP, CPAE, HoF — Chairman and CEO, Canada Wide Media Limited, Burnaby

Charities Governance: Best Practices and Current Issues

  • recent developments in best practices for governance
  • effective risk management
  • lawyers on boards
  • current director's liability issues
  • ethical issues: conflict of interest at the board table

Donald Bourgeois — General Counsel and Director, Legal Services, Alcohol and Gaming Commission of Ontario, Kitchener 

Concurrent Sessions #2 (choose one)

A. Education: Update on Independent School Issues

  • the educational contract
  • ability to restrict admission to independent schools
  • student discipline issues
  • special needs issues
  • ethics and practice management issues: dealing with the press

T. Charles De Jager — De Jager Volkenant & Company, Surrey
Ed Vanderboom — Executive Director International Programs, Inspector of Independent Schools, BC Ministry of Education, Victoria

B. Incorporation of Societies, Registration of Charities, and Maintenance of Both: Recent Developments

  • society incorporation and maintenance update
  • charitable registration and maintenance update
  • recent B.C. Supreme Court and Court of Appeal decisions summary
  • know thy client: practice management and client relations issues
  • application of the Law Society's rules on client identification and verification to societies and charities
  • pro bono issues and opportunities
  • miscellaneous practice tips and discussion
  • Society Act amendment update
  • Federal Not-for-Profit Corporations Act update
  • Health Care Professions Act update

Anders I. Ourom — Barrister and Solicitor, Vancouver

C. Fundraising and Related Legal Issues

  • recent legal developments
  • avoiding fundraising "misconduct"
  • the debate on commission or results based remuneration

Donald Bourgeois — General Counsel and Director, Legal Services, Alcohol and Gaming Commission of Ontario, Kitchener

Networking Break

Key Employment and Human Rights Topics

  • legal developments that matter
  • how to respond
  • what might be coming
  • ethical issues: what to do when your client representative gets fired

Kevin L. Boonstra — Kuhn & Company, Vancouver and Abbotsford
Earl G. Phillips — McCarthy Tetrault LLP, Vancouver
Kevin G. Sawatsky — University Legal Counsel and Professor of Law, Trinity Western University, Langley

Closing Remarks

Robert G. Kuhn — Kuhn & Company, Vancouver and Abbotsford
Kevin G. Sawatsky — University Legal Counsel and Professor of Law, Trinity Western University, Langley