The Royal Yugoslav Army Combatants’ Association in Hamilton, an unincorporated organization, faced internal conflict regarding the management of a 16-acre land.
Membership declined, leading to disputes over whether to revive the association or sell the land.
A trial and subsequent judgment on September 1, 2021, aimed to re-establish governance, including holding an Annual General Meeting (AGM) to elect a new board.
Key Issues:
AGM Validity: Two competing AGMs were held (November 27, 2021, and December 4, 2021), each electing different boards.
Compliance with Court Order: The plaintiffs’ November AGM did not meet the procedural requirements of the September 1 judgment, while the respondents’ December AGM was initially deemed compliant.
Court's Findings:
The motion judge misapprehended the evidence regarding the December AGM’s compliance with the September 1 judgment.
Key procedural steps, including proper membership applications and meeting preparations, were not followed by the respondents.
The judgment was set aside due to the motion judge’s misapprehension of compliance evidence.
Disposition:
The appeal was allowed.
Neither AGM was declared valid.
A new AGM is to be held on June 22, 2024, following the procedures outlined in the September 1 judgment.
All previous memberships and collected funds are annulled, with funds to be credited towards new applications.
Costs:
The court did not make a final determination on costs within the decision.
