Practice Areas

Non-Profit and Charities

Gardiner Roberts LLP has developed an extensive body of knowledge in the Non-Profit and Charitable Organizations field that is continuously enhanced through our daily practice and covers all of the services described below. With a view to continually enhancing our practice in this area, our services, advice and counsel include:

Establishment and Organization

  • Organization structure, including corporate objects and activities, membership and governance arrangements
  • Trust agreements
  • Incorporation documents and by-laws, trust documents, organizational meetings

Governance and Maintenance

  • Advising on proceedings at board and member meetings, governance issues, by-law development and amendments
  • Corporate minute books, government filings, annual meeting agenda and materials
  • Charitable trusts and trustees
  • Assisting auditors
  • Directors and officers insurance review
  • Continuance under Canada Not-for-Profit Corporations Act
  • Amendment and governance assistance for Ontario Not-for-Profit Corporations Act

Tax and Registration Issues

  • Charitable registration, including preparing applications and negotiating with Canada Revenue Agency
  • Charitable tax receipting issues
  • Annual T3010 information returns
  • Intermediate sanctions
  • Assisting with tax audits
  • HST and provincial sales tax issues
  • Property tax
  • Non-profit tax status

Business and Program Activities

  • Program development and implementation
  • Industry and trade associations
  • Public-private partnerships, joint ventures and agency relationships
  • Structuring and implementing social enterprises
  • Innovative financing

Government Relations and Regulatory Services

  • Legislative compliance
  • Negotiations with federal, provincial and municipal governments, agencies and boards, professional and industry licensing and regulatory bodies
  • Dealings with Canada Revenue Agency and the Ontario Public Guardian and Trustee
  • Privacy and cyber and physical security issues
  • Canadian anti-spam and privacy compliance

Fundraising

  • Donors and their advisors.
  • Fundraising agreements, activities and campaigns including charitable gaming and capital campaigns
  • Submissions and negotiations with government and private funding agencies
  • Planned giving, including use of hybrid structures
  • Sponsorship agreements

Business Services and Dispute Resolution

  • Commercial and business matters such as employment, personnel, consulting arrangements, purchase and lease of space or equipment, advertising
  • Liability and insurance issues, resolution of disputes with members and third parties
  • Litigation and dispute resolution services

Technology and Intellectual Property

  • Contracts for purchase and lease of technology and acquisition of software
  • Trademarks, copyrights and other intellectual assets
  • Commercialization of intellectual assets
  • Online fundraising, receipting, communications


At a Glance

Overview

Non-profit organizations require a broad range of legal skills at their disposal, including knowledge of corporate, trust, tax, business, real estate, intellectual property, contract, commercial and dispute resolution law. Accordingly, the Gardiner Roberts Non-Profit and Charitable Organizations Group includes lawyers from our Business Practices, Tax and Estate Planning, Technology and Intellectual Property, Health LawReal Estate and Municipal and Dispute Resolution groups.

Practice Group Lawyers

Ash Baker

William Bernstein

Nathalie Freiman

Clifford Goldfarb

Edgar Hielema

Lindsay Ann Histrop

Arlene O'Neill

James M. Parks

Robert Quinn

Lorne Saltman

Brian Wynn

 

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