You make the rules, or else you have to play fair: a society is entitled to create its own procedures, and in doing so may violate some principles of natural justice, as long as it does so expressly in its bylaws

21. June 2022 0
Administrative law – Decisions reviewed – Medical Associations – Investigations – Judicial review – Procedural requirements and fairness – Natural justice – Associations and clubs – Disciplinary proceedings – By-laws – Governance – Physicians and surgeons – Professional misconduct or conduct unbecoming – Penalties and suspensions Webb v. Canadian Medical Assn., [2022] B.C.J. No. 687, ...

Ontario court finds Toronto Soccer Association and Ontario Soccer Association breached standard of fairness by failing to give adequate notice of the infractions at issue and the sanctions that could be faced in dispute over player ages

16. January 2018 0
Administrative law – Decisions reviewed – Soccer Association – Judicial review – Procedural requirements and fairness – Jurisdiction – Notice – Associations and clubs – Disciplinary proceedings Islington Rangers Soccer League v. Toronto Soccer Association, [2017] O.J. No. 5647, 2017 ONSC 6229, Ontario Superior Court of Justice, November 2, 2017, M. Koehnen J. The Ontario ...

The Cape Breton University Student’s Union (“CBUSU”) attempted to defederate from the Canadian Federation of Students (“CFS”) through a March 2008 referendum without complying with CFS Bylaws; the referendum was held to be invalid and CBUSU was ordered to pay outstanding fees from the date of the referendum

22. September 2015 0
Administrative law – Associations and clubs – Governance – Elections – By-laws – Judicial review – Compliance with legislation – Procedural requirements and fairness Canadian Federation of Students v. Cape Breton University Students’ Union, [2015] O.J. No. 3633, 2015 ONSC 4093, Ontario Superior Court of Justice, July 10, 2015, R. Beaudoin J. The CFS claimed ...

The applicant applied for a judicial review of The Association of United Ukrainian Canadians National Committee’s decision to sell a camp it owned in Alberta seeking an injunction on the sale or an order declaring it a nullity. The Court granted an injunction on the sale pending an appeal to the National Convention, which the association failed to grant the applicant despite statutory entitlement.

28. May 2013 0
Administrative law – Decisions of administrative tribunals – Associations and clubs – Sale of assets – Legality – Judicial review – Jurisdiction – Remedies – Injunctions Woloshyn v. Assn. of United Ukrainian Canadians, [2013] A.J. No. 439, 2013 ABQB 262, Alberta Court of Queen’s Bench, May 2, 2013, C.A. Kent J. The applicant, a member ...

The applicant, The Society for the Prevention of Cruelty (the “Society”), sought an Order against the respondents, the former branch of the Society, requiring the respondents to vacate and turn over possession of all property with respect to an animal shelter located at 401 East Broadway, Sydney, Nova Scotia. The issue before the Court was whether it should grant the applicant’s motion for an interim injunction, pending a final hearing on the merits of the application, based on the tripartite test for interim injunctions.

22. May 2012 0
Administrative law – Decisions of administrative tribunals – SPCA – Associations and clubs – Governance – Animals – Seizure and disposition of animals – Remedies – Interlocutory injunctions – Judicial review – Applications Society for the Prevention of Cruelty v Cape Breton Human Society, [2012] N.S.J. No. 164, 2012 NSSC 128, Nova Scotia Supreme Court, ...

The public law remedy of judicial review is not available to contest the removal and expulsion of a Chairperson of the Board of Directors of the Port of Dalhousie, a non-profit body incorporated under the Companies Act, R.S.N.B. 1973, c. C 13. The Port of Dalhousie is not a body that exercises statutory powers in the discharge of any regulatory or other governmental responsibilities. While it may have been incorporated to pursue some public good, it is not a creature of statute any different from any other non-profit corporation. While the functions of the corporation may serve the public interest, they are not regulatory in nature. The main function of the corporation is to conduct a business: managing the Port. The decision making power of the Port of Dalhousie is not sufficiently of a public character to be subject to the Court’s power of judicial review.

25. October 2011 0
Administrative law – Associations and clubs – Governance – Judicial review application – Availability – Public body – definition – Hearings – Remedies – Hearing de novo – Private law remedies Maltais v. Port of Dalhousie Inc., [2011] N.B.J. No. 309, 2011 NBCA 84, New Brunswick Court of Appeal, September 22, 2011, A. Deschenes, J.C.M. ...

The Respondent had commenced disciplinary proceedings against the Appellants aimed at denying their rights to hold office or participate in Association voting. The Appellants had applied for a judicial review of the proceedings which was stayed by the chambers judge pending the outcome of the disciplinary proceedings. That decision was overturned on appeal based on the Court’s finding that the balance of convenience weighed in favour of staying the disciplinary proceedings and allowing the judicial review.

26. April 2011 0
Administrative law – Associations and clubs – Governance – Disciplinary proceedings – By-laws – Elections – Voting rights – Judicial review – Applications – Jurisdiction – Stay of proceedings – Test Voorhorst v. Canadian Soccer Assn., [2011] A.J. No. 205, 2011 ABCA 74, Alberta Court of Appeal, March 4, 2011, J.E.L. Côté and M.B. Bielby ...

The Appellants, a group of farmers, successfully appealed the decision of a Federal Court Judge who dismissed their application for a judicial review and held that they did not have personal standing to bring the application. The application for judicial review related to a Ministerial directive issued by the Respondent Government, which changed the process for the elections of directors to the Canadian Wheat Board.

26. April 2011 0
Administrative law – Decisions of administrative tribunals – Ministerial orders – Associations and clubs – Governance – Voting rights – Judicial review – Applications – Parties – Standing Friends of the Canadian Wheat Board v. Canada (Attorney General), [2011] F.C.J. No. 297, 2011 FCA 101, Federal Court of Appeal, March 16, 2011, Létourneau, Nadeau and ...