The vice-chair of the Civil Resolution Tribunal (CRT) ordered the Dawson Creek Volleyball Club (DCVC) to hold a new vote on bylaw amendments to stagger board of directors elections and increase the number of directors.
Members Jean Paul Legault, Natasha Legault, Alexis Legault, Wesley Pearson, Todd Mingo and Brandi Noordhoff had accused DCVC of giving inadequate notice on Facebook for two general meetings in 2024. They sought an order to rescind the bylaw amendment and redo the election for directors. They also accused the board of failing to provide records under the Societies Act.
DCVC claimed it gave adequate notice for meetings, even if they did not “technically comply” with the Societies Act.
Members voted Aug. 22, 2024 to amend bylaws to replace annual elections with staggered, two-year terms for directors. They also moved to increase the board from nine to 11 members and replace the risk management position with a director of fundraising. On Sept. 10, 2024, another general meeting, where members elected the new board.
Regehr agreed that the bylaw amendments are invalid and the directors elected are only to serve one-year terms. But he declined to order a new election.
“It would be impractical and largely pointless to run a new election now because the directors’ terms will soon expire anyway.”
He also declined to rescind the bylaw amendments, “because doing so would ignore the will of the members who voted at the August meeting. Rather, I find it appropriate to require the DCVC to hold a revote on the bylaw amendments.”
Regehr also ordered DCVC, within 14 days of the decision, to provide Jean Paul Legault the register of directors and register of members, including contact information, plus minutes from the general meetings in question and minutes from directors’ meetings between January and September 2024.
He also ordered DCVC to pay $225 in CRT fees.
