The applicant sought a declaration that the respondent's new by-law was invalid and that his removal as President under that by-law was void.
The respondent had implemented the new by-law without obtaining the required Ministerial approval under the Canada Corporations Act.
The court found the new by-law invalid and declared the previous 2005 by-law operative.
While the applicant was estopped from challenging actions taken under the shared assumption of the new by-law's validity prior to November 2012, his removal as President occurred after this period and was declared invalid.
The court ordered a fresh election under the 2005 by-law.