In July, the B.C. Supreme Court, in the decision of Habitat for Humanity Canada v Hearts and Hands for Homes Society, upheld a claim for specific performance of a clause within an affiliation agreement between two charitable organizations.
This decision involved a dispute between the parties as a result of one of the parties not complying with the membership requirements outlined in an affiliation agreement. The judge granted specific performance of an asset transfer clause within the affiliation agreement, which required that the affiliate was required to transfer its assets to the umbrella organization upon disaffiliation.
The full case is accessible here.
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Mark Blumberg is a partner at the law firm of Blumberg Segal LLP in Toronto and works almost exclusively in the areas of non-profit and charity law.