The appellant, a member of a not-for-profit corporation, challenged a bylaw that rendered members involved in litigation with the Board ineligible for nomination, election, or appointment to the Board.
The appellant had unsuccessfully campaigned for election in 2013 and subsequently engaged in litigation with the respondent.
The application judge dismissed the application under section 253 of the Canada Not-For-Profit Corporations Act, finding that the Limitations Act, 2002 applied and that the application was statute-barred.
The Court of Appeal upheld the dismissal, finding no error in the application judge's procedural approach and determining that the application was properly time-barred.