A Members' Rights Case Under The CNCA – When Can A Board Deny A Requisition?

In an application brought by members of Taekwondo Canada, the judge ordered the corporation to call a meeting to consider various issues raised by the parties.   A group of members had requisitioned a meeting pursuant to section 167(1) of the Canada Not for Profit Corporations Act ("CNCA").  The Corporation had decided not to call the meeting and also not to provide access to the member list, basing their decision, at least in part, on the history between the parties and relying on those parts of sections 166 and 167 of the CNCA that enable directors to decline to act upon a member requisition where it clearly appears that the primary purpose of the request is to advance a personal claim or grievance. On the facts, the judge stated: