Social responsibility
Your Non-Profit Organization certainly promotes and defends important and useful projects that you care about. If your NPO mission is to further a social or philanthropy cause, you are lucky : Canada and Quebec promote the development of associations and NPOs as privileged means for social action and the defense of rights. There is no shortage of public or private resources to advance the most laudable causes in our country.
However, you may encounter many hurdles on this road. The operations of your NPO, or even its creation, can be slowed down by various legal issues: difficulties related to the board of directors, to your governance, your members, your employees, your funders or your funding, or the requirements of the tax authorities can occur at any time... Just to quote few.
Whether it is to cope with these difficulties, or to advise you, Judilex will be there for you. We have a social vibe, and we represent several organizations dedicated to protecting the rights of their members and advancing the values of social justice that drive us.
Judilex Avocats - socially yours.
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Advise and represent you for your administrative or judiciary files.
Undertake the legal remedies available to you in any matter involving your organization, its employees, directors and members.
Drafting of internal by-laws and management policies and all related regulations.
Review your organization’s governance methods with the board of directors.
Review and advise your organization in relations with your funders and foundation.
Guide and assist you in disputes and disputes between directors, and mediate them.
Advise you to host and conduct your special or annual general meetings.
File any request before the tax authorities relevant to a registered charity status or your organization, and any recourse before the Registraire des entreprises du Québec.
Every building owner knows it well: municipal bylaws can be modified, canceled, replaced by others, without necessarily informing you each time. Faced with this reality, it is always useful to remember that your building can however benefit from acquired rights.
Unpleasant surprises can arise after the purchase of a property. Hidden defects are quite common and require the buyer to make a good decision, without delay. Reminder of what to do then.
In 2021, the Administrative Housing Tribunal rejected the request to evict a tenant from a housing cooperative, under a clause of departure from the dwelling. A look back at this decision, which questions the validity and application of the departure clauses in some situations.
On July 21, 2021, a draft regulation amending the Regulation respecting mandatory lease forms and the particulars of a notice to a new lessee was published in the Gazette officielle du Québec. Several modifications to the mandatory leases of the different types of housing are indicated there.
The condominium associations (syndicates) are required to comply with several obligations in the insurance of their buildings: here is a reminder of these main obligations, in force since April 15, 2021.
In a unanimous judgment, the Quebec Court of Appeal said that the silences of the declaration of co-ownership cannot be interpreted by the courts without taking into account the presumptions imposed by law, and without evidence to the contrary that could rebut these presumptions.
In 2018, the rules governing the insurance of your condominium were widely revised following the adoption of Bill 141. This revision was based on the work of committees dedicated to insurance reform into condominiums in Quebec since 2011 …
When an employer has to terminate an employee's permanent contract, the factual circumstances will be decisive in order to manage this dismissal appropriately. They are also used to assess the reasonable notice that may be due to this employee.
On December 5, 2019, Bill 16 was passed by the National Assembly. From January 10, 2020, a series of new important obligations will have to be respected by the co-ownership syndicate in the management of its building.
Adopted on November 5, 2019, Bill 36 amends the Companies Act applying to provincial NPOs. This act now allows for remote decision-making and voting at meetings of boards of directors and assemblies of members.
On December 5, 2019, Bill 16 was adopted by the National Assembly. Numerous changes are made to the proceedings rules of the Rental Board tribunal, framing demands filed by the parties with more severity.
In Quebec, the tenant has the right to maintain occupancy of their dwelling. However, this principle of housing law knows certain exceptions, one of which being the corporate and contractual nature of a housing cooperative.
All boards of directors are well aware of this: the powers and capacities that directors exercise are conferred on them by the assembly of members of their non-profit organization (NPO) or their cooperative.
In addition to the other changes made to the law of co-ownership, the adopted Bill 16 modifies and specifies several rights and obligations of the co-owners meetings and syndicate, adding transparency to the management of your co-ownership building.
Since January 10, 2020, the date of entry into force of many changes made by Bill 16, the transactions of buyers of private condominium units have been better protected. Indeed, new obligations are imposed on the promoter-builder of a condominium.
Whatever the type of cooperative, members sometimes have to answer for their conduct before the board of directors. However, this disciplinary power must be exercised in accordance with the provisions set by sections 57 to 60.2 of the Cooperatives Act.
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