1.2: Purpose and intention of these rules
3.15: Originating application for judicial review
3.68: Court options to deal with significant deficiencies

Case Summary

The Metis Nation of Alberta Association (“MNAA”) was registered as a non-profit society. Local Council #63 was a related, incorporated society. Due to the formation of an alternative Metis association in the area, the members of Local Council #63 acted to dissolve Local Council #63. MNAA disputed the dissolution, sending notice to the Registrar that the dissolution was executed inaccurately. In response, the Registrar suspended Local Council #63, pending a declaration by Court Order as to the validity of the dissolution. The Directors of Local Council #63 then filed an Originating Application under Rule 3.15 to obtain the Court Order required by the Registrar.

MNAA then made an Application pursuant to Rule 3.68 to strike the Originating Application.

Madam Justice Ho found that the directors of Local Council #63 had standing to bring the Originating Application. The directors were members and directors at the time of the attempted dissolution and had a material interest and direct stake in the issue. Further, Ho J. noted that the Court has absolute discretion to decide whether to grant declaratory relief. Declaratory relief may be granted where the Court has jurisdiction, the dispute is real and not theoretical, the Applicant has a genuine interest in the dispute, and the Respondent has an interest in opposing the declaration sought. Local Council #63 was able to meet this test, and Ho J. determined that declaratory relief was suitable in this case.

As the Registrar had suspended Local Council #63 pending a declaration from the Court as to the validity of the dissolution, Ho J. determined that the Originating Application was an appropriate method to obtain resolution of this issue. The Court found that Rule 1.2 supported this method of resolution as it was “the most timely and cost-effective way to provide the Registrar with direction.”

The Application under Rule 3.68 to strike the Originating Application was dismissed.

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