Context: West Coast Cricket Association (Cricket BC) sought to stay an order for a new election after the November 2023 election was found irregular.
Court Ruling: The British Columbia Supreme Court, in February 2024, ordered a new election by March 15, 2024, due to irregularities affecting election results.
Appeal: Cricket BC appealed, seeking a stay of the order and arguing the irregularities were not substantive or calculated to affect the result.
Decision: The Court of Appeal allowed a partial stay, extending the election deadline to March 28, 2024, considering the need for proper election preparation and upcoming critical meetings for Cricket BC.
Legal Framework: Applied s. 105 of the Societies Act, emphasizing the court's ability to order new elections if irregularities significantly impact results.
Key Points:
Election Irregularities: Identified significant voting irregularities in the November 2023 election, with 21 of 45 votes being irregular.
Judicial Analysis: The court examined the seriousness of the appeal, potential irreparable harm, and the balance of convenience, emphasizing the importance of holding elections in accordance with bylaws and statutes.
Outcome: Denied a full stay but granted additional time for election preparation, reflecting the balance between maintaining electoral integrity and managing the practicalities of conducting a new election.