Overview:
- Jennifer Carr, President of PIPSC, was placed on "administrative leave" by the board amid ongoing investigations. This leave was imposed without notice, an opportunity to respond, or a Special General Meeting of PIPSC members.
- Carr argued this was effectively a suspension, violating PIPSC's By-laws, Policies, and the Canada Not-for-profit Corporations Act (CNFPCA).
Legal Issues:
- Suspension: The court determined the leave was a suspension executed without proper procedures.
- Reasonable Expectations: Carr had reasonable expectations based on PIPSC’s By-laws, Policies, and her Service Agreement, which require due process before any suspension.
- Oppressive Conduct: The board’s actions were found to be oppressive, unfairly prejudicial, and disregarding Carr’s interests.
- Remedies: The court quashed the decision to place Carr on leave and ordered her reinstatement as President.
Key Findings:
- The "administrative leave" was a de facto suspension without procedural fairness.
- The board acted oppressively by avoiding a Special General Meeting and denying Carr a chance to defend herself.
- Carr was reinstated immediately, with a prohibition on further exclusion without member authorization.
Conclusion: Justice Bell reinstated Carr as President, emphasizing the need for procedural compliance. Carr is entitled to costs, subject to agreement or further court submissions.
Successful Party:
- Jennifer Carr was the successful party; the court ruled in her favor and reinstated her.
Monetary Award/Costs:
- No specific damages were awarded. Carr is entitled to her costs of the application, with the amount to be determined through party submissions.
