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Membership Dispute

Case Study | Mar 13, 2015

The Problem

A not-for-profit organization was involved in a dispute over the membership of the organization. The corporate records had not been maintained completely. A group of directors of the corporation had held various meetings where a number of new members were added, resulting in a power imbalance in the governance of the corporation.

Our Approach

We commenced a court application seeking a declaration from the court about the membership and that various meetings held by the opposing group of directors were invalid, as they did not meet certain requirements. We also sought injunctive relief to exclude various members who had been disruptive to the day-to-day operations of the organization.

The Result

We were successful in obtaining injunctive relief that allowed the religious organization to operate on a day-to-day basis and exclude various rogue directors/members from interfering with the operations. We were also successful in obtaining declaratory relief about the membership of the corporation and the invalidity of various meetings held by the opposing group of directors. We were also awarded costs of over $200,000.00.

© 2015 Lawrence, Lawrence, Stevenson LLP

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