top of page

Societies & Non-Profit Law

In British Columbia, many not-for-profit organizations are incorporated under the Societies Act, SBC 2015, c 18, while other organizations may be incorporated under the Canada Not-for-profit Corporations Act, SC 2009, c 23, or may be structured as trusts or as unincorporated organizations.

 

Borins & Company has extensive experience with not-for-profit organizations of many different sizes and types, including:

  • cultural associations

  • educational institutions

  • First Nations governments

  • professional associations

  • religious organizations

  • residents’ associations

  • strata corporations

  • student associations

  • trade unions

 

We can provide counsel for organizations and their members concerning issues such as:

  • incorporation

  • preparing, reviewing, amending, and interpreting bylaws and policies

  • drafting and revising constitutions, bylaws, and policies

  • elections and referenda, including the development of election codes and the adjudication of complaints

  • annual general meetings and special general meetings

  • Board governance issues

  • membership disputes

  • employment and labour relations

  • human rights issues

  • harassment complaints

  • contracts

  • privacy issues

  • defamation

  • applying for and maintaining charitable status

 

We can also provide the services of an experienced parliamentarian to chair or assist with meetings of any size.

Representative Work

  • In 2010-2011, we represented a student organization when a provincial organization to which it was affiliated refused to seat our client’s representative on its Board of Directors. The position of our client was affirmed by the BC Court of Appeal in Kwantlen University College Student Association v Canadian Federation of Students, British Columbia Component, 2011 BCCA 133, aff'g 2010 BCSC 1951.

  • In 2015, when a professional association expelled a member in retaliation for the member having presented himself as a candidate for president in opposition to the incumbent president, we commenced a proceeding on behalf of the member before the Supreme Court of British Columbia. The matter was settled on terms that saw the readmission of the member into the professional association.

  • In 2015-2016, we acted as co-counsel for a student organization when the organization’s decision to not grant permission to a club to stage a political demonstration was challenged before the courts. The position of our client was affirmed by the BC Court of Appeal in BC Civil Liberties Association v University of Victoria, 2016 BCCA 162, aff’g 2015 BCSC 39, leave to appeal to SCC refused, 2016 CanLII 82919.

  • In 2018, when the incumbent leadership of a religious organization purported to cancel the organization’s Annual General Meeting (AGM) and election of its Board of Directors, we represented a group of members in proceedings before the Supreme Court of British Columbia. We ultimately negotiated a settlement agreement that saw the AGM and election conducted by a neutral party.

  • We have represented several student societies concerning their attempts to disaffiliate from the Canadian Federation of Students. This has resulted in several victories before the courts, including in the cases University of Victoria Students’ Society v Canadian Federation of Students, 2011 BCSC 122 add’l proceedings, 2011 BCSC 401, and Kwantlen University College Students Association v Canadian Federation of Students - British Columbia, 2017 BCSC 299, aff’d in part 2018 BCCA 16, and 2017 BCSC 163 (preliminary application). We have also advised student unions and local counsel across Canada in several other provinces concerning disaffiliation referenda from the Canadian Federation of Students.

  • In 2022, when a professional association suspended a member for one year based on a vague allegation of harassment, we commenced a proceeding on behalf of the member before the Supreme Court of British Columbia. In Webb v Canadian Medical Association, 2022 BCSC 619, the court determined that the suspension was conducted contrary to the norms of natural justice.

  • We have advised a number of student unions in connection with building new student union buildings and a large BC university regarding financing of construction for a new student union building.

Practice Areas.

bottom of page