Respondent
Petitioner
Background: Shauna Hardy applied for an interlocutory injunction to stop a Special General Meeting of the Whistler Film Festival Society. This meeting aimed at amending bylaws to remove her position on the board and address "problem members." Ms. Hardy, a founder of the Society, claimed the board's conduct was oppressive under section 102(1) of the Societies Act. She argued that the bylaw amendments were specifically targeted to remove her from the board to avoid repaying a debt of $500,000 that she claimed was owed to her by the Society.
Legal Arguments/Issues: There were several key legal arguments and issues. Regarding the serious question, Ms. Hardy argued that her removal without due process was oppressive, given her role and creditor status. The court found there was an arguable case. On the matter of irreparable harm, Ms. Hardy claimed personal and professional harm. The court recognized personal harm but did not find harm related to the Trademark Licence Agreement. Concerning the balance of convenience, the court found it favored the Society, noting the breakdown in the relationship and the potential jeopardy to the Society's partnership with Tourism Whistler.
Held: The court dismissed Ms. Hardy's application for an injunction and ruled in favor of the Whistler Film Festival Society.
Costs/Damages Awarded: The court awarded costs to the Society. Financial terms were not specified.
Court
Supreme Court of British ColumbiaCase Number
S242853Practice Area
Corporate & commercial lawAmount
Winner
RespondentTrial Start Date
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