The plaintiff, a national human resources association, brought a motion for summary judgment against the defendant, a provincial association that withdrew its membership, for unpaid membership levies and exam fees.
The defendant admitted the exam fees but disputed the membership levies, arguing the budget was improperly passed, and claimed a set-off for its share of the plaintiff's accumulated Members' Equity.
The court found the levies were lawfully passed but reduced the amount by 30% based on actual corporate needs.
The court dismissed the defendant's claim for set-off, finding that neither legal nor equitable set-off applied because the plaintiff's Board of Directors had not taken action to allocate or distribute the Members' Equity.
