Tribunal refuses ‘largely pointless’ bid to spike Dawson Creek Volleyball Club board, but orders bylaws revote

DAWSON CREEK, B.C. — The Dawson Creek Volleyball Club (DCVC) must vote again on bylaw amendments after a tribunal ruled the initial ballots were invalid. 

DCVC members voted on August 22nd, 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 September 10th that year, at another general meeting, members elected the new board.

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.

The group had 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.

In a decision published on July 30th, Eric Regehr – B.C. Civil Resolution Tribunal (CRT) vice chair of strata, societies and cooperative associations – agreed the bylaw amendments are invalid. 

He noted the Societies Act says a society must send a notice “to every member” for a general meeting, and said DCVC did not use an “acceptable method of notice.”

Regehr ruled the directors elected are only to serve one-year terms, but 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 to provide Jean Paul Legault with documents within 14 days of the decision. 

That includes the register of directors and register of members, including their 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.