Respondent
Petitioner
Background:
Cricket BC, a non-profit sports organization, conducted an election in November 2022, which the petitioners claimed was marred by irregularities and violations of Cricket BC’s bylaws. The petitioners alleged that the election process was unfair, citing failures in verifying voter eligibility and improper conduct by the election Scrutineer, Deepak Gautam. They sought to have the election results nullified and a new election held.
Legal Arguments/Issues:
The petitioners argued that Gautam, who had previously represented Delta Patriots in litigation against Cricket BC, was in a disqualifying conflict of interest as he now represented Cricket BC in this case. They also raised concerns about Gautam’s involvement in the disputed election as a Scrutineer. The respondents denied any conflict, contending that the application to disqualify their counsel was tactical and would cause undue hardship.
Court’s Decision:
The court considered whether Gautam’s dual roles and previous litigation history presented a substantial risk of materially adverse effects on his representation of Cricket BC. The court evaluated the application of the "bright line rule" for conflicts of interest.
Costs Award:
The court ordered the petitioners to pay the respondents' costs related to the disqualification application, including specific costs for the court appearance on September 22, 2023. The exact amount was not specified.
Court
Supreme Court of British ColumbiaCase Number
S229996Practice Area
Corporate & commercial lawAmount
Winner
RespondentTrial Start Date