Fiduciary Considerations Involving Charitable Property 2010 National Charity Law Symposium

What Fiduciary Duties Apply to Directors of Charitable Corporations:

All Corporations:

•Canadian Aero Service Ltd. v. O’Malley [1973] S.C.R. 592

•Supreme Court of Canada found that the role of the fiduciary applies to directors and senior management officials of corporations

Charitable Corporations:

•Courts originally held the following:

1) The charitable corporation holds its property in trust for the charitable purposes; and

2) Directors of charitable corporations are trustees.