The appellant, a provincial women's softball association, appealed a decision ordering it to grant membership to the respondent local baseball association.
The respondent's application had been denied based on operational rules and concerns about player poaching, despite meeting the mandatory membership criteria set out in the appellant's by-laws.
The Divisional Court dismissed the appeal, finding no palpable and overriding error in the application judge's interpretation of the by-laws.
The court affirmed that the appellant could not use operational rules or unwritten policies to deny membership to an applicant that met the express by-law criteria.
