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Member Remedies Archives

Ontario Court Denies Standing to Bring Oppression Proceedings against Charitable Corporation

In The Campaign for the Inclusion of People who are Deaf and Hard of Hearing v. Canadian Hearing Society (released September 2018), Justice Wilton-Siegel of the Ontario Superior Court of Justice refused to find that the corporate applicant was a proper person to bring oppression proceedings against a federally incorporated charitable society and stayed the application of the individual applicants in favour of arbitration.

B.C. Court Refuses to Grant Leave to Bring a Derivative Action

In Gill v. Kalgidhar Darbar Sahib Society (released May 2018), Justice Harvey of the Supreme Court of British Columbia refused to grant leave to a former executive member authorizing him to bring a derivative action on behalf of a religious society. The court found, in the circumstances, that the petitioner was not acting in good faith and that the derivative action did not appear to be in the best interests of the society.

Member Proposals Under the CNCA

The Canada Not-for-profit Corporations Act entitles any member who has the right to vote at an annual meeting to submit a member proposal to the corporation, which proposal would be raised as special business at the meeting. The member is also entitled to discuss at the meeting any matter with respect to which the member would have been entitled to submit a proposal.

Lack of Standing Found when Personal Action brought by Corporation

In Polish National Catholic Church of Canada v. Polish National Catholic Church (decided 2014), Justice Archibald of the Ontario Superior Court of Justice held that a corporate applicant had no standing to assert the private rights of two members of the Catholic Church and that the claim should be struck as disclosing no reasonable cause of action.

Another Rare Winding up of a Fractious NFP Corporation

In Sobrinho v. Oakville Portuguese Canadian Club (decided 1982), an Ontario trial court ordered the winding up of a corporation without share capital because of deep and irreconcilable differences between two almost equally divided factions. A winding up is a rarely used remedy of last resort.

Close Election Equals Closer Scrutiny

In Hara v. Khalsa Diwan Society - New Westminster (decided 1996), the British Columbia Court of Appeal upheld a trial court decision setting aside the election of directors of a religious institution governed by the British Columbia Society Act (now the Societies Act).

Saskatchewan Court Umpires a Baseball Dispute

In Keller v. Saskatchewan Baseball Assn. Inc. (decided 1999), Justice Pritchard of the Saskatchewan Court of Queen's Bench found that the Saskatchewan Baseball Association had acted oppressively in refusing to stay the suspension of one of its officers until his appeal was heard, and held that the association's appeals committee needed to be reconstituted to ensure that it was impartial.

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