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Eligibility is not decided by the quality of the project. It is decided by what the organisation is, what its articles say it exists to do, and whether it can produce the documents a funder asks for.
Arrange a Call →Eligibility is assessed before the proposal is read. An organisation that cannot satisfy it loses the application without the merits of the work ever being considered.
Who does this work. Lexaltico LLP’s government funding and grants service is led by Mitch Parmasar, who is not a lawyer and does not provide legal advice. Where a matter calls for legal advice — a funding agreement, a governance question, a repayment demand — it is handled by a lawyer at Lexaltico LLP. The firm is responsible for all of the work described on this page.
That depends on four things, in this order: whether the organisation has a legal form the funder accepts, whether the purposes stated in its articles cover the work being funded, whether its governance satisfies the funder’s requirements, and whether it can produce approved financial statements and a bank account in its own name. None of those is about the project. All of them are assessed before the project is considered, and all of them take weeks rather than days to put right.
Tell us briefly what is going on. A lawyer reviews every enquiry and replies within 2 business days.
A lawyer replies within 2 business days. Urgent? Call +1 416 333 6200, answered 24/7. Submitting this form does not create a solicitor-client relationship.
Funders draw lines between legal forms, and they draw them in different places. Some fund only registered charities. Some fund incorporated non-profits whether or not they are charities. Some fund municipalities and public bodies. A few will fund an unincorporated group only through an eligible organisation acting as trustee.
So the first question is not which grant to pursue but what the organisation is. An Ontario non-profit incorporated under the Not-for-Profit Corporations Act, 2010 is a corporation. A registered charity is an organisation the Canada Revenue Agency has registered following a separate application. A community group that has never incorporated is, legally, its members. Those three are treated very differently by the same programme.
The objects stated in a corporation’s articles define the purposes for which it exists, and a funder assessing eligibility reads them as they stand. If the project falls outside them, the organisation is applying to be funded for something it is not constituted to do.
Two failure modes are common and opposite. Purposes drafted too narrowly — often describing the one activity the founders had in mind — do not reach a project that has since become central to the organisation’s work. Purposes drafted so broadly that they say little leave an assessor unable to tell whether the project is within them at all.
Amending articles is ordinary work, and it is not quick: it needs the right resolution, properly passed, and a filing. It does not fit inside a four-week intake window, which is why this is the question to ask months before an application.
Funders ask about the board because they are lending money to an organisation, not to a person. They look for a governing body of an adequate size that actually meets, minutes recording that it does, and a decision authorising the application.
The gap is usually documentary rather than real. Organisations that are genuinely well run frequently cannot produce minutes of the meeting at which something was decided, because the decision was made in a conversation. From a funder’s position an unrecorded decision is indistinguishable from one that never happened.
Most programmes require financial statements, formally approved, and a bank account in the organisation’s own legal name. Both catch groups out. Statements that were prepared but never adopted by the board are not approved statements. An account in a treasurer’s name, however scrupulously operated, is not the organisation’s account.
Organisations trading under a name they never registered are a related problem: the applicant named on the form has to be the legal entity, and a funder that cannot match the name to a registration will ask why.
Where a group genuinely cannot hold a grant itself, some funders permit an eligible organisation to receive and administer it on the group’s behalf. That is a real solution and it is not a formality: the trustee organisation takes on the legal obligation to the funder, including reporting and repayment, while the work is done by somebody else.
Anyone considering acting as trustee should understand that they are the party the funder will pursue. Anyone asking an organisation to act as trustee should expect it to want that in writing. The arrangement between the two of them is a document worth having properly drawn.
An eligibility review occasionally concludes that an organisation cannot realistically apply to the intake in front of it, and that the useful work is getting into a position to apply to the next one. That is a more valuable answer than an application that fails on a threshold question.
It is also the cheaper answer. The cost of amending articles, adopting statements and recording a board decision is small. The cost of an intake spent on an application that was never eligible is a year.
We read the articles, the by-laws, the recent minutes and the statements, against the requirements of the programmes the organisation is actually interested in, and say plainly which it can apply to now, which it could apply to after specified work, and which it cannot.
The review is led by Mitch Parmasar, who is not a lawyer. Amending articles or by-laws, drawing a trustee arrangement, and any question about directors’ obligations are handled by a lawyer at Lexaltico LLP. Fees are quoted and agreed in writing before work begins.
Our lawyers offer an introductory call for most matters. Call, email, or book online. Do not sign anything before speaking with us.
55 University Ave, Suite 1100
Toronto, ON M5J 2H7
2 Sheppard Ave East, Suite 303, Toronto, ON M2N 5Y7
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Evenings & weekends by appointment
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A lawyer replies within 2 business days. Urgent? Call +1 416 333 6200, answered 24/7. Submitting this form does not create a solicitor-client relationship.
Lexaltico LLP
How Lexaltico LLP handles personal information, under PIPEDA and Ontario law.
When you use a form on this site, email us or telephone us, we collect what you choose to send: your name, email address, telephone number and a description of the situation. Nothing on this site requires you to give more than that.
We collect non identifying technical information when you browse: IP address, browser type, pages viewed and time spent. It is used to understand how the site is used and to improve it. It is not used to identify you.
We do not collect sensitive personal information through this website. Detailed personal and legal information is collected only after a solicitor client relationship exists, through the channels set up for that purpose.
What you send is used to reply to you, to run a conflict check, to assess whether the firm can assist, and, if a retainer follows, to carry out the work.
We do not use your personal information for marketing without your express consent, and we do not sell, rent or trade it. If you consent to receive anything from us, every message carries a way to stop, as required by Canada’s Anti Spam Legislation.
Information given to us in the course of a legal matter is protected by solicitor client privilege. We do not disclose privileged information without your consent, except where the law or a court order requires it.
Non privileged contact information may be shared with the providers who help us run the firm and this website, and with people engaged on your matter such as translators, agents and court reporters. All of them are under confidentiality obligations.
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Under the Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5 you may ask what personal information we hold about you, ask us to correct anything inaccurate, and withdraw consent to our use of it, subject to legal and contractual limits. We reply within thirty days or explain why we need longer.
Client files are kept for the period the law and the Law Society require, ordinarily seven years after a matter closes, which reflects limitation periods and the possibility of later proceedings. After that they are securely destroyed or anonymised. You may ask for earlier deletion, subject to those obligations.
If you contact us and no retainer follows, what you sent is retained only as long as our conflict records require, then destroyed.
Privacy Officer, Lexaltico LLP
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privacy@lexaltico.com
+1 416 333 6200
If you are not satisfied with our answer you may complain to the Office of the Privacy Commissioner of Canada.
Short, and written to be read rather than scrolled past.
This site publishes several hundred pages about Ontario law. They are written carefully, they cite statutes and cases by name, and they are reviewed. None of that makes them advice about your matter. Law is applied to facts, and we do not know yours.
The difference is practical rather than technical. A page explaining that spousal support is usually indefinite after a twenty year marriage is accurate as a general statement and may be wrong about you, because of a domestic contract you signed, a period of separation you have forgotten, or an income that is not what a tax return says it is.
Law also changes. Pages carry a review date where one is relevant. A page reviewed last year may not reflect an amendment made since, and a page about a subject currently before an appellate court may be overtaken between your reading it and your acting on it.
A conflict check must be completed. We act for a great many people and businesses, and we cannot act against a current client or use what we learned from a former one. That check happens before anything else and occasionally means we have to decline.
We must confirm in writing that we are prepared to act. Not every matter is one we can take, and saying so early is better than taking a file we cannot properly serve.
A retainer agreement must be signed. It sets out what we are doing, what we are not doing, who is responsible for what, and how fees work. Until it is signed no relationship exists, whatever has been discussed.
Information sent through a form, or by email, before a retainer is signed is not covered by solicitor client privilege. That is not a policy we chose. It follows from there being no solicitor client relationship for the privilege to attach to.
It can also create a problem for you. If you send us detailed information about a dispute and we are later approached by the other side, what you sent may affect whether we can act for either of you.
So tell us the shape of the problem and leave out the detail: the area of law, roughly when it arose, and whether anything is urgent. That is enough for us to say whether we can help. The documents come after the retainer.
Case results described anywhere on this site are real and are described accurately, and they are specific to their own facts. A settlement at three times the original offer happened because of that employer, that contract and that person’s history. It says nothing about what your matter is worth.
Client reviews are the views of the people who wrote them. We do not offer anything in return for a review, we do not write them, and we do not ask only the clients we expect to be positive.
Calculators on this site produce estimates from the figures you enter. They apply published formulas and they cannot know about the facts that most often change the answer.
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We link to statutes, regulations, court decisions and government pages because a reader should be able to check us. We do not control those sites and are not responsible for them, and a link is not an endorsement.
To the fullest extent the law permits, Lexaltico LLP is not liable for any loss arising from your use of, or reliance on, anything published on this website.
These terms are governed by the law of Ontario and the federal law of Canada that applies in Ontario. Lawyers and licensed professionals at the firm are regulated by the Law Society of Ontario, and marketing on this site is intended to comply with the Rules of Professional Conduct.
Every limit on what this website tells you, and every thing it does not do, in one place rather than in small print at the bottom of each page.
Four limits, and they matter in this order.
Everything published on this website is general information. It is not legal advice, it does not take account of the facts of any particular situation, and reading it does not create a solicitor client relationship. Do not act, or decide not to act, on anything here without speaking to a lawyer licensed in your jurisdiction about your own circumstances.
These pages describe the law of Ontario, and of Alberta only where a page says so expressly. They do not describe the law of any other province, territory or country. Law that looks similar across jurisdictions frequently is not.
Each page states the law as at the review date shown on it. Legislation is amended and case law develops. A page accurate when written may no longer be.
These pages describe how a rule usually works. That is not the same as how it applies to your facts. The exceptions are where most real matters live, and a page written for a general reader cannot tell you whether you are inside a rule or inside its exception.
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Do not send confidential or sensitive information through this website or by email until we have confirmed in writing that we can act for you. Information sent before that point is not treated as confidential and may prevent us from acting for you, or for someone else, in a connected matter.
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Our line is answered 24 hours a day, every day of the year. Outside office hours calls are taken by our intake service, who record your details and pass them to the firm. A lawyer responds during the next business day, or sooner if the matter is urgent. Answering the telephone is not the same as giving legal advice, and no relationship arises from that call.
Lexaltico LLP is regulated by the Law Society of Ontario under the Law Society Act, R.S.O. 1990, c. L.8. All lawyers practising in Ontario through the firm are members in good standing.
Alberta matters are handled by lawyers licensed with, and in good standing with, the Law Society of Alberta. A lawyer licensed in Ontario is not thereby licensed in Alberta, and the reverse is also true.
Immigration consulting is provided by Regulated Canadian Immigration Consultants in good standing with the College of Immigration and Citizenship Consultants under the College of Immigration and Citizenship Consultants Act, S.C. 2019, c. 29, s. 292.
Not everyone at the firm is a lawyer.
Each page and biography states which applies. Ask at the outset who will handle your matter and under which licence.
We serve clients in thirteen languages. Every page of this website is written and published in English. Where anything is provided in another language, the English version governs in the event of a difference. If you need an interpreter, tell us when you book and we will arrange one.
The no-obligation initial assessment is a brief introductory conversation. It does not include a review of your documents and does not constitute legal advice.
The firm charges a fee for substantive consultations, including in civil litigation, criminal defence and immigration matters. The firm may waive that fee at its discretion. Any fee is disclosed in advance and credited in full toward your account if you retain the firm.
Where we refer a matter to another firm, including through LexKonnect, we comply with Rule 3.6-6.1 of the Law Society of Ontario’s Rules of Professional Conduct. Any referral fee is set out in the Law Society’s standard referral agreement, signed by you before the referral proceeds, and no fee is payable to us unless and until the receiving firm has been paid for its work. You are never obliged to accept a referral and are free to retain any firm you choose. No referral arrangement affects the independent professional judgment of any lawyer at this firm.
They produce estimates from what you type and cannot know the rest. They do not account for the terms of your contract, statutory exceptions, or the discretion a court will apply. Do not make a decision on a number produced by a calculator.
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Reviews shown here are written by third parties and published on platforms we do not control. Each describes one person’s experience of one matter. They are not a promise, a prediction or a guarantee about any other matter.
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