Bogdan A. Kaminski

Members of Branch 1-7 of the Polish Alliance of Canada sought to withdraw from the organization and take with them a property held in trust for the branch members.

The trial judge found that 100% of the branch members had voted to leave and applied the "clubman's veto" doctrine, permitting them to depart with the property.

The Polish Alliance of Canada appealed, arguing that the clubman's veto did not apply because PAC was incorporated under the Corporations Act.

The Court of Appeal dismissed the appeal, holding that the clubman's veto applied to the unincorporated branch and that there was no statutory displacement of the common law rule.

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.