In Amir-Afzal Watto v. ICC (decided October 2017), Justice Diamond of the Ontario Superior Court of Justice dismissed the fourth separate proceeding brought by a disaffected member of a non-profit corporation on an preliminary basis, finding that a two-year limitation period had expired and therefore the claim was out of time.
The Canada Not-for-profit Corporations Act ("Act") provides that a director can avoid liability for any resolution or action taken at a board meeting by having his dissent recorded. This post explores how and when such dissent must occur in order to preserve the liability shield.
Section 112.1 of the Saskatchewan Non-profit Corporations Act, 1995 (the "Act") was introduced in 2003 and offers the best shield against liability for directors and officers of non-profit corporations available anywhere in Canada.
In Park v. Canada Korea Foundation (decided August 2017), Justice Bowden of the Supreme Court of British Columbia held that a dissolved (and, therefore, non-existent) corporation still had the limited capacity to take steps to recover litigation costs awarded in its favour and, to that end, to instruct counsel.
Ontario Regulation 4/01 (the "Regulation") under the Charities Accounting Act (Ontario) authorizes a corporation to protect directors and officers through indemnification or insurance, or both.
Brought into force in 2002, the Nova Scotia Volunteer Protection Act (the "VPA") remains the only stand-alone statute in Canada dedicated to shielding volunteers of non-profit organizations from personal liability.