The Hamilton branch of the Royal Yugoslav Army Combatants’ Association in Canada was embroiled in conflict over its governance and assets.
Following a trial, a judgment set out a process for re-establishing governance, including holding an Annual General Meeting (AGM) and electing a new board.
Rival groups held two separate AGMs.
The motion judge declared the December AGM valid and the November AGM invalid.
The appellant appealed, arguing the motion judge misapprehended evidence regarding compliance with the original judgment.
The Court of Appeal found that the motion judge's finding that the December AGM complied with the September 1 judgment was premised on a misapprehension of evidence.
The appeal was allowed, neither AGM was declared valid, and a new AGM was ordered to be held on June 22, 2024, with all previous memberships annulled.
