The College of Family Physicians of Canada (CFPC) sought a court order validating its by-laws and articles, which had been amended over a decade without compliance with the Canada Not-for-profit Corporations Act (CNCA) due to erroneous legal advice.
The court found that the CFPC had failed to hold required separate class votes for membership changes, rendering its constating documents improperly enacted.
The Resident Doctors of Canada, while generally supporting the application, sought restoration of voting rights for family medicine residents.
The court held that section 288(4) of the CNCA provided broad remedial powers to validate the documents and to reclassify family medicine residents as voting members.
The application was granted, validating the CFPC’s by-laws and articles nunc pro tunc and restoring voting rights to family medicine residents.
