Not For Profit and Charity
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OVERVIEW
Not-for-profit programs and charitable organizations face many unique challenges. Historically, important human services programs such as child care, foster care, group homes, and health services have suffered because they could not find experienced legal services.
Our lawyers understand the specific legal problems facing these programs, significantly enhancing the legal services available to the not-for-profit and charity sectors.
The mission of our Not for Profit and Charity Practice Group is to provide a stable source of legal expertise tailored to the specialized needs of the not-for-profit and charity sector and to assist these organizations in the development and implementation of successful loss control and risk management programs. Our lawyers provide cost-effective, results-oriented services by taking innovative approaches toward successful dispute resolution.
SERVICES
We know from our experiences that not-for-profit programs and charitable organizations are sometimes improperly evaluated by the commercial insurance industry. We also know that by working together, these programs and organizations can implement valuable risk management tools that will assist them in stabilizing their product and pricing.
As recognized leaders in this field, our Not for Profit and Charity Practice Group provides risk management services in a wide variety of areas, including:
- Policy development and review
- Contract review, analysis and updating
- Human resources/Employment related advice and consultation
- Strategic Messaging and Response Techniques (SMART)
- 24/7 Emergency Response services.
We believe that risk management is the cornerstone of accountability and that our Group is uniquely positioned to help the not-for-profit and charity sectors address calls for accountability through effective risk management plans.
Litigation Services
Our diverse Group is well qualified to provide cost-effective and high-quality litigation and other dispute resolution services in the following areas:
- Animal Welfare
- Child Protection
- Class action litigation
- Construction claims
- Defamation
- Employment law
- Environmental liability claims
- First party property claims (fire, explosion, theft, vandalism, and other weather-related claims)
- Human Rights
- Landlord/tenant matters
- Occupier liability claims
- Quasi-criminal prosecutions
- Special risks
- Transportation matters
We view our relationship with our not-for-profit and charity clients as a partnership in which we handle claims in a manner that is sensitive to their special relationships in their communities, to minimize negative publicity from claims events.
Additional Services
Our Not for Profit and Charity Practice Group can provide not-for-profit programs and charitable organizations with services well beyond risk management and litigation counsel. Our Group is developing a database which will enable us to continuously improve our services over time. We also host regular seminars in which we focus on legal and risk management issues that specifically impact the unique exposures facing our clients.
We are committed to assisting our not-for-profit and charitable organization clients in achieving their commitment to educated, equitable, and healthy communities.
Please contact any member of our Group for further information or assistance.
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Causation And Standard Of Proof For A Hypothetical Pre-Trial Loss
First Published in Advocates Quarterly. This paper addresses whether the same principles regarding the “real and substantial possibility” standard of proof apply to a hypothetical past loss claim as they do to a hypothetical future loss claim, and the interplay between the two standards of proof applicable to hypothetical claims: balance of probabilities for the “but for” causation test, and “real and substantial possibility” for damages.
Not-for-profits ~ BEWARE: Federal privacy laws can apply to not-for-profit corporations
The Personal Information Protection and Electronic Documents Act (PIPEDA) can apply to not-for-profits. PIPEDA applies to organizations that collect, use or disclose personal information in the course of commercial activities. While commercial activities may seem to be a blanket statement indicating that PIPEDA applies only to for-profit corporations, the relevant authorities suggest otherwise.
A Plea for Simple Pleadings
You have just been sued for breach of contract by a former business partner.
As you skim through a legal document that sets out a laundry list of your alleged failures and faux pas, a few paragraphs jump out at you. Why does the document make reference to an argument over the design of your company's logo? And why is there commentary on the not-so-secret office romance between two of your employees? As far as you can tell, neither of these issues have anything to do with the contract in dispute.