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Michael A. Chambers’s Posts

Federal Not-for-Profit Corporations: Board Removal – No; Board Suspension – Yes

The legislation governing not-for-profit corporations incorporated or continued under the Canada Not-for-Profit Corporations Act does not permit a Board of Directors to remove a board member.  Board members are to be elected, with certain exceptions, by the membership of the organization, and can only be removed from the Board by a resolution calling for such passed at a special meeting of the membership.  The Board itself cannot remove a Board member.  The particularly relevant sections of the Act are subsections …

Conflict of Interest: An Often Misunderstood Concept

There has been much in the media over the past several months, both here and south of the border, regarding allegations of, and denials of, conflicts of interest.  Over the years I have found this one of the most difficult, and awkward, policies to actually see applied in the boardroom.

There are many various definitions of a conflict of interest but they all essentially boil down to this: a conflict of interest arises in a situation where private interests or …

It is a Governance Issue or a Management Issue? An Often Made Misdiagnosis

It is popular these days to label almost every complaint about the management of an organization as a governance issue. This belies the notion that having structures, policies, and procedures in place that incorporate the principles of good governance within an organization will ensure that good and sound management decisions will be made by those in charge.  No it won’t.  Good governance is not a panacea for bad management.  It is extremely important that organizations have good governance but to …

When Does Child Support End?

There is a widely held myth by many that the obligation to pay child support ends once a child reaches the age of 18, the age of majority. Not so. It, in virtually all cases, continues much beyond that age, and if a Court Order or separation agreement is silent on the date when child support ends, it almost certainly will not come to an end at age 18 and will continue beyond that age with no certainty with respect …

Powers of Attorney – Gifts and Loans to Friends and Relatives and Charitable Gifts

A little known, and little used, authority given to persons acting under a Power of Attorney is the authority given under sections 37 and 38 of the Substitute Decisions Act, to makes gifts or loans to the friends and relatives of the individual incapable of managing his or her own affairs. A person acting under a Power of Attorney for another may also make charitable gifts on behalf of the incapable individual.

The authority to make these gifts and …

Integrity and Good Governance is more than Paperwork

Ensuring integrity and good governance in an organization requires much more than papered principles of good governance. It requires organizational buy in. And, organizational buy in requires those who make up the organization, from top to bottom, to embrace and adopt integrity and good governance as the way business is done each and every day on the job. In other words, it’s the people in the organization that either bring integrity and good governance to life or leave it as …

One is Not the Other – A Named Attorney and An Appointed Executor

There is a common misconception among those not trained in the law that a person appointed under a Power of Attorney to take care of your financial affairs when you become incapable of doing so yourself (under what is most often called a Continuing Power of Attorney) continues to have authority to at least “tidy things up” once you die. This is not true. The law is clear. Authority to act under a Power of Attorney is terminated, ends, when …

Children who do not wish to see one of their parents – When “Do you want to go?” is not enough

It’s something that is thought to be the case by I would suggest almost all parents, a lot of lawyers, and certainly some judges. If a child says to a custodial or shared custodial parent, “I don’t want to go to dad’s (or mom’s) house”, whichever is the case, then as long as the custodial parent has asked them the custodial parent has done their duty – it’s the child’s decision. Well, no it isn’t.

In a decision of the …

Compensation for Attorneys for Property? Compensation for Attorneys for Personal Care? – Part 2

I previously described what an individual may charge for work performed as an Attorney of another under a Continuing Power of Attorney for Property. I will here describe what an individual may charge for services provided to or for an incapable person under a Power of Attorney for Personal Care. It is not at all as straight forward as the case under a Continuing Power of Attorney for Property.

An individual acting under a Power of Attorney for Personal Care …

Compensation for Attorneys for Property? Compensation for Attorneys for Personal Care? – Part 1

Persons who are acting under a Power of Attorney for another, whether it be a Continuing Power of Attorney for Property and/or a Power of Attorney for Personal Care, often are uncertain what, if any, compensation they are entitled to for the work they do acting under the Power of Attorney. As it turns out, both an Attorney for Property, and an Attorney for Personal Care are entitled to (but of course in their discretion are not required to) charge …

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