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June 2018 Archives

The Perils of Inadequately Documented Affiliations

In Asian Outreach Canada v. Hutchinson (a 1999 decision), the Ontario Superior Court of Justice declined to issue interlocutory injunctions against the former and current affiliates of a foreign religious organization. The case demonstrates the perils of operating through affiliates unless the relationship is adequately documented.

A Court's Inherent Power to Postpone a Properly Called Election

In Toronto Humane Society v. Milne (a 2001 decision), the Ontario Superior Court of Justice ordered a meeting of members to be postponed even though it had been properly called. The meeting, called for the purpose of electing a new board of directors, had been called with the minimum amount of required notice and deprived the members of an opportunity to consider an alternative slate.

A Case of Usurping the Board of Directors

In Ahmed v. Hossain (released September 2017), the Ontario Superior Court of Justice held that the actions of a charitable corporation's board of trustees in purporting to dissolve the board of directors and assume their powers were not in accordance with the corporate constitution and, therefore, were invalid; and likewise that the board of trustees' purported suspension of the rights of certain members for 10 years also violated the constitution and was, therefore, also invalid.

Supreme Court Invokes Policy of Non-Intervention in the Affairs of Voluntary Associations

In Highwood Congregation of Jehovah's Witnesses (Judicial Committee) v. Wall (released on May 31, 2018), the Supreme Court of Canada draws important lines between (a) issues that are justiciable and those that are non-justiciable, and (b) memberships in purely voluntary organizations that confer no contractual or proprietary rights.

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