Evan Presvelos

The appellant, a not-for-profit corporation, appealed an application judge's order setting terms for its upcoming annual general meeting and board elections following a disrupted meeting and internal governance dispute.

The appellant argued the terms regarding membership eligibility and election procedures were inconsistent with its by-laws.

The Divisional Court dismissed the appeal, finding the application judge had broad discretion under the Not-for-Profit Corporations Act to impose terms for fair elections and made no palpable and overriding error in her factual findings regarding membership.

The moving party, a not-for-profit corporation, sought an urgent stay of an application judge's order prescribing the process for determining membership and voting rights for an upcoming annual general meeting, pending an appeal.

The Divisional Court applied the three-part test for a stay pending appeal.

Finding that the appeal raised a serious issue, that there was potential for irreparable harm due to the history of disruption at previous meetings, and that the balance of convenience favoured a stay given the expedited appeal date, the court granted the stay.

A case management conference was held to address an issue regarding whether the appeal from the Landlord and Tenant Board had been settled.

The court directed the parties to exchange materials on the settlement issue and place them before the panel scheduled to hear the appeal.

A case management conference was held to set procedural directions for an appeal from an interim decision of the Landlord and Tenant Board.

The court ordered that the appeal proceed before a three-judge panel via video conference.

Detailed directions were provided regarding the electronic filing of documents, factums, compendiums, and costs materials using a password-protected drop box.

The tenant brought a motion to stay an eviction order pending its appeal of a decision finding it failed to validly exercise its option to renew a commercial lease.

The court first determined that the appeal properly lay to the Court of Appeal, not the Divisional Court, and transferred the appeal.

Sitting as a Superior Court judge, the court then applied the RJR-MacDonald test and granted the stay, finding the appeal raised a serious issue, the tenant would suffer irreparable harm to its business if evicted, and the balance of convenience favoured the tenant.