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ARTICLE · 25 AUGUST 2021

Can Board Members Remove Another Board Member?

Miller Thomson
Miller Thomson
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Miller Thomson

Miller Thomson LLP ("Miller Thomson") is a national business law firm with approximately 500...

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"One of our board members has gone rogue – what can we do?" While this is thankfully not a frequent question that we receive, it can be an extremely challenging situation for boards, ...

CanadaCorporate/Commercial Law

"One of our board members has gone rogue – what can we do?" While this is thankfully not a frequent question that we receive, it can be an extremely challenging situation for boards, property management and legal counsel to address.

In the event that a member of a board has gone rogue, other board members understandably ask whether there is anything that the rest of the board can do to address the behaviour, such as removing the individual from the board. Except for specific circumstances, the board members themselves cannot remove another member from the board.

The one circumstance in which other board members alone can remove an individual board member is when the condominium corporation has a procedure to do so as a result of a violation of a Code of Ethics set out in its general operating by-law (or other stand-alone by-law).

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