Menu

Elections Archives

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.

Appeal to Members to Resolve Problem of Rival Boards

Croatian Peasant Party of Ontario v. Zorkin (decided 1981) involved warring factions within a not-for-profit corporation, each of which had called meetings to pass by-laws and elect directors, resulting in total confusion. The Ontario Supreme Court held that the only way to resolve the governance issues was to hold a court-ordered meeting of members at which the board of directors would be elected and a set of by-laws would be confirmed.

Sask. Court Invalidates Election and Orders New List of Members

In Ray v. Morin (decided in 2002), Justice Allbright of the Saskatchewan Court of Queen's Bench found that there were sufficient grounds to invalidate an election of directors of a non-profit corporation and order the compilation of a new list of members and a fresh election based on the new list.

Close Elections Equal Closer Scrutiny

In Garcha v. Khalsa Diwan Society - New Westminster (decided in 2006), the British Columbia Court of Appeal upheld a trial court decision setting aside a close election of directors of a religious institution governed by the British Columbia Society Act (now the Societies Act).

Saskatchewan Court Refuses to Issue Yellow Card in Soccer Case

In Kroczynski v. Regina Soccer Assn. (released April 2016), the Saskatchewan Court of Queen's Bench was asked to declare as nullities votes to amend the by-laws of the Regina Soccer Association Inc. and to elect directors at an annual meeting. Justice Barrington-Foote refused to do so. His reasons are instructive for other cases in which the losing party in an election or membership vote seek the assistance of the court.

Court Overturns Decision to Disqualify an Elected Officer of Student Association

In Courchene v. Carleton University Students' Association, Inc. (released May 2016) Ray, J. of the Ontario Superior Court of Justice overturned the internal decision of a student association, with the result that the student who received the greatest number of votes in a campus election was not disqualified and was accordingly reinstated to his elective office. 

Contact The Firm

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an lawyer-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Contact

Gray, Whitley LLP
400 - 36 King Street E.
Toronto, ON M5C 3B2

Phone: 647-560-3705
Fax: 647-256-6601
Map & Directions

top