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ARTICLE · 08 MARCH 2022

Election For President Of Association Declared Invalid

Gardiner Roberts LLP
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Election law is not confined to political elections. Under corporate law, incorporated companies and voluntary membership associations are generally required to hold elections...

CanadaLitigation, Mediation & Arbitration
Stephen Thiele
Stephen Thiele
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Election law is not confined to political elections. Under corporate law, incorporated companies and voluntary membership associations are generally required to hold elections to choose, among other things, boards of directors. When those elections are held contrary to the governing documents or by-laws of a corporation or a voluntary association, the disputes can be resolved by a court.

In Hon v. Liao, 2022 ABQB 43, an Alberta court was required to determine whether it had jurisdiction to resolve a dispute over an election of the Hakka Tsung Tsin Association of Edmonton (the "Association"). This Association was registered under the Societies Act.

The Association was described in its by-laws as a non-profit organization to promote friendship, unity and welfare of members. As well, the purpose of the Association was to uphold the values of peace and democracy and to promote Chinese culture.

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