Sale of assets - Legality; Judicial review - Jurisdiction; Remedies - Injunctions

Woloshyn v. Assn. of United Ukrainian Canadians

The applicant applied for a judicial review of The Association of United Ukrainian Canadians National Committee's decision to sell a camp it owned in Alberta seeking an injunction on the sale or an order declaring it a nullity. The Court granted an injunction on the sale pending an appeal to the National Convention, which the association failed to grant the applicant despite statutory entitlement.

[2013] A.J. No. 439

2013 ABQB 262

Alberta Court of Queen's Bench

C.A. Kent J.

May 2, 2013

The applicant, a member of the Association of United Ukrainian Canadians (the “Association”) applied for judicial review of the National Committee of the Association’s decision to sell a camp it owned in Sylvan Lake, Alberta (the “Camp”). The applicant sought either to have the decision declared a nullity or for an injunction against the sale of the property until it could be appealed at the National Convention, which was scheduled for October 2013.

The Court upheld the application and ordered an injunction against the sale of the property, enjoining the Association from selling the Camp until the appeal was heard and decided.

The Court was of the view that the Association’s decision was subject to judicial review on the basis that the Court had jurisdiction to set aside an invalid decision or action of a private body. In this instance, the Court held that the Association breached its bylaws, which provided for a right of appeal from a decision of the National Committee to the National Convention. The Court held that, although this matter was not of the same importance as issues of employment as in Mayan v. World Professional Chuckwagon Association, 2011 ABQB 140 or livelihood as in Lakeside Colony of Hutterian Bretren v. Hofer, [1992] 3 SCR 165, as the Association had been unfair in denying the applicant an appeal, it was reviewable.

The Court determined that to declare the decision a nullity would be unfair, as the breach committed by the Association was not waiting until the appeal to the National Convention was heard. Instead, the Court granted an injunction on the sale of the property, which would remain in place until the appeal was heard.