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Hugh M. Kelly, Q.C.

Hugh M. Kelly, Q.C.

Associate Counsel
Toronto

416.595.8176
hkelly@millerthomson.com

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Profile

Hugh Kelly has over forty years of experience in advising clients on education, health law, and charitable and not-for-profit organizations matters.

Within his education law practice, he acts for both separate and public school boards within Ontario. He addresses corporate issues, such as matters relating to bylaws, minutes, reporting and staffing; general business issues including the drafting and negotiating of contracts, school financing, and issues of governance.

He also addresses unique issues under the Education Act, such as confidentiality, conflict of interest, the election process, the right to attend school including suspensions and expulsions, special education matters, the taxation process, and freedom of information. For clients that are separate school boards, he addresses the unique denominational issues.

Within his health law practice, he acts for public hospitals, (one of which is a psychiatric hospital), advising them on issues relating to statutory provisions that are unique to them as health care institutions, as well as the matters that relate to organizational, corporate and business issues.

Mr. Kelly acts for not-for-profit organizations, including charitable and volunteer groups, private clubs (athletic and social), and other incorporated and unincorporated groups. The author of the monograph titled "Duties and Responsibilities of Directors of Not-For-Profit Organizations", he addresses not-for-profit organizations' responsibilities as governed by the Corporations Act, at both federal and provincial levels. He also advises on governance and organizational concerns, as well as general not-for-profit issues for such organizations.

His broad, and yet specialized experience, acquired during his years of practice in these areas, ensures clients considerable efficiencies and an ability to respond to a wide range of issues on several dimensions simultaneously. Mr. Kelly is dedicated to providing clients with expert advice, promptly and in a cost effective manner at all times.

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Education

  • LL.B., University of Toronto, 1961
  • B.A., St. Michael's College, University of Toronto, 1956

Directorships

  • Director, The Canadian Institute of Law and Medicine, member of the Executive Committee, and Secretary
  • Director, Catholic Education Foundation of Ontario, and Vice President
  • Director, Ocean Sounds Condominium Association, and President
  • Assistant Secretary, Rosseau Lake College  

Memberships

  • Member, Canadian Bar Association, Ontario, Education Law Section, member of the Executive, Past Chair
  • Member, The Law Society of Upper Canada
  • Member, York Law Association

Publications & Presentations

  • Sometime Lecturer to The Canadian Bar Association, The Law Society of Upper Canada, The Canadian Institute of Law and Medicine, Catholic Community Delivery Organization Supervisory Officers' Qualifications Program, Ontario Ministry of Health, Osgoode Hall Law School Continuing Education, University of Toronto Faculties of Education and of Medicine, and York University Faculty of Education
  • Business Laws of Canada, (West (a Thomson Reuters business), 2009)
  • Secret Ballots and Publically Accountable Entities - A Reconsideration, Charities and Not-For-Profit Newsletter (November 2009) 
  • What’s Happening Around Miller Thomson LLP, Charities and Not-For-Profit Newsletter (October 2009) 
  • Consolidation of Financial Statements, Charities and Not-For-Profit Newsletter (August 2009) 
  • Signing Authorities, Charities and Not-For-Profit Newsletter (July 2009) 
  • Enforcing Restrictions on Gifts, Charities and Not-For-Profit Newsletter (February 2009) 
  • Secret Ballots and Publicly Accountable Entities - A Reconsideration, Charities and Not-For-Profit Newsletter (November 2009) 

Key Practice Expertise

Areas of Focus

  • Education
  • Ecclesiastical Law
  • Directors’ and Officers’ Liability

Year of Call

  • Ontario Bar, 1963