The applicants, comprising 100% of the members of Branch 1-7 of the Polish Alliance of Canada, sought a declaration that they were entitled to leave the organization and take with them the property held in trust for them by the Polish Association of Toronto Limited.
The respondent argued that the property belonged to the central organization and raised issues regarding the rule against perpetuities.
The court applied the common law 'clubman's veto', finding that the unanimous members of an unincorporated association could disaffiliate and take their property.
The application was granted, and the applicants were awarded costs.