The applicant, Le Congrès Hellénique du Québec (CHQ), sought declarations that the respondent, Canadian Hellenic Congress (CHC), had improperly adopted its 2016 Constitution, invalidly created the Quebec Regional Council (QRC), and conducted void 2016 elections.
The court found that the 2016 Constitution was not properly adopted due to significant procedural defects and non-compliance with the 1999 Constitution's amendment procedures, which constituted a breach of contractual obligations to its constituent organizations.
The QRC was also declared improperly created as a provincial organization already existed in Quebec and no valid by-law was passed for its establishment.
While irregularities in the 2016 elections were noted, the court declined to nullify them due to lack of specific evidence impacting the result and the impracticability of the requested relief.
Certain provisions of the 2016 Constitution were declared of no force or effect until properly amended, with the corresponding 1999 Constitution provisions applying in the interim.
