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Apolone Gentles, JD, CPA,CGA, FCCA, Bsc (Hons)

By Apolone Gentles, JD, CPA,CGA, FCCA, Bsc (Hons) | 2 Minutes Read May 16, 2016

Fill in the blanks and test your “Do Not Call” skills

Complying with the Unsolicited Telecommunications Rules (UTR) includes the National Do Not Call List (DNCL) Rules, the Telemarketing Rules and the Automatic Dialing-Announcing Devices (ADAD) Rules. Test your knowledge to see if you understand these obligations.

Article by Apolone Gentles, JD, CPA,CGA, FCCA, Bsc (Hons) / Business, Finance and Accounting / Automatic Dialing-Announcing Devices, national do not call list, National Do Not Call Registry, Telecommunications, telemarketing, Telemarketing Rules, Unsolicited Telecommunications Rules

By Apolone Gentles, JD, CPA,CGA, FCCA, Bsc (Hons) | 3 Minutes Read May 2, 2016

Non-profit’s funding challenges lead to constructive dismissal

accountingpaycycleThe Ontario Labour Relations Board (ORB) recently held that a non-profit’s non—payment of wages and funding challenges amounted to constructive dismissal of one of its employees. (See Aundrea Di Giuseppe v Hospice Richmond Hill, 2015 CanLII 56255 (ON LRB)).

Background

The employee was the Executive Director at Hospice Richmond Hill (the “Employer”) for over 8 years. In 2010, the Employer started to receive long-term funding from the Trillium Foundation, and a portion of this grant funded the Executive Director position. March 2014 was the last time the Employer used this grant to pay the Executive Director. Thereafter, the Employer used its General Account to fund the Executive Director’s wages.
However, the Employer was experiencing ongoing financial difficulties. For instance, from January 2 to August 1, 2014, the Employer essentially maxed out its overdraft facilities on its General Account. In some instances, it funded its operations by exceeding its overdraft … Continue reading “Non-profit’s funding challenges lead to constructive dismissal”

Article by Apolone Gentles, JD, CPA,CGA, FCCA, Bsc (Hons) / Business, Finance and Accounting, Not for Profit, Payroll / Case commentary, constructive dismissal, employment law, employment standards, ESA, fundamental breach of employment contract, funding challenges, HR Law, Human Resources, inconsistent wage payment, OLRB, Pay period, Payment of wages, recurring paydates, termination pay, terminations, timely payment of wages, wage payment

By Apolone Gentles, JD, CPA,CGA, FCCA, Bsc (Hons) | 5 Minutes Read April 11, 2016

Non-profit members and directors must adhere to corporate statutes and by-laws

The relationship between non-profit members and directors is sometimes akin to the relationship between parents and their newly-licensed teen-aged drivers. The key to the family car grants the teenager new freedoms, but sometimes, a parent’s only option is to reclaim the key. Members elect or appoint directors, delegating to them the power to manage the corporation. Corporate statutes and by-laws restrict the ability of members to participate in the management of the corporation once the directors hold the reins. Often, the only way for members to effect changes that the board opposes, is to reclaim the reins, by removing existing directors and appointing more amenable ones. http://canlii.ca/t/gh81g" target="_blank">Vaughan Community Health Centre Corporation v Annibale (2015 ONSC 2559 (CanLII)), recently examined the roles of members and directors, and the importance of adhering to corporate by-laws and statutes.

Article by Apolone Gentles, JD, CPA,CGA, FCCA, Bsc (Hons) / Business, Not for Profit / boards, by-laws, Canada Not-for-profit Corporations Act, charities, corporate governance, directors, members, members' meetings, non-profits, Ontario's Corporations Act, Ontario's Not-for-Profit Corporations Act, registered charity, resolutions, voting

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