Interim injunction granted to halt student union referendum that circumvented established disassociation bylaws.
The moving parties, the Canadian Federation of Students (CFS), brought a motion for an interim injunction to prohibit the responding party, the Carleton University Students' Association (CUSA), from proceeding with a referendum regarding disassociation from CFS.
CFS argued the referendum violated its bylaws, which dictate a specific process and timeline for such votes.
CUSA contended the referendum was merely consultative and non-binding.
Applying the RJR-MacDonald test, the court found a genuine issue to be adjudicated and that proceeding with the referendum would cause irreparable harm by subverting the regular process to which all members are bound.
The court granted the mandatory order prohibiting the referendum.
Canadian Federation of Students v. Carleton University Students’ Association, Inc.et al., 2022 ONSC 5859
