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August 2017 Archives

Property Rights of Members of an Unincorporated Branch

In its 1978 split decision in Polish Veterans Second Corps v. Army, Navy & Air Force Veterans in Canada, a majority in the Ontario Court of Appeal recognized and gave effect to the property rights of members of an unincorporated local unit of a national, non-charitable organization.

Saskatchewan Court of Appeal Overturns Flawed Referendum Process

In its 2007 decision in Mowat v. University of Saskatchewan Students' Union, the Saskatchewan Court of Appeal overturned the internal decision of a student association to become a member of a national student federation, despite the approval by a majority of students in a referendum.

Jurisdiction of Provincial Courts over NFPs

In Keck v. Balgonie Early Learning Centre Inc. (released April 2017), Judge Demong of the Saskatchewan Provincial Court acknowledged that, while the provincial court has no jurisdiction over termination of a member of a non-profit corporation or other discipline of a member, it does have jurisdiction over a contract entered into between the corporation and the member and can enforce rights and obligations arising under that contract.

Judicial Review of the Internal Decisions of NFPs

In its 2009 decision in Boucher v. Métis Nation of Alberta Assn., the Alberta Court of Appeal held that the discipline decision of the council of a private not-for-profit corporation was not subject to judicial review and declined to quash a decision punishing an officer for breaching his duty of loyalty to the association.

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