Charity and Not-For-Profit Law - ONSCDC

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.

The appellants appealed an order directing an election for a new common board of directors for two related not-for-profit corporations and ordering the delivery of keys to a shared property.

The Divisional Court dismissed the appeal, finding that the application judge had jurisdiction under the Corporations Act to order the election, did not breach procedural fairness, provided adequate reasons, and awarded reasonable costs.

The appellants appealed a decision dismissing their application under s. 297 of the Corporations Act regarding an election irregularity at a non-profit organization.

The Divisional Court upheld the motion judge's finding that the irregularity did not go to the heart of the electoral process or lead to a result contrary to the wishes of the majority.

The appeal was dismissed with costs awarded to the respondents.

The appellant appealed a decision by the Board of Directors of the respondent denying its reaccreditation as a member agency.

The Divisional Court determined the standard of review was correctness.

The court found that the respondent followed its own procedures fairly, and there was ample evidence to support the denial of reaccreditation due to the appellant's non-compliance with accreditation standards.

The appeal was dismissed with costs awarded to the respondent.