The applicants say that the new evidence reveals defects or irregularities so disconcerting that the membership and the court can have no confidence in the upcoming election. They argue that the goal of all the proceedings to date has been to have an election which is as free of controversy as possible, and that to proceed with the election as scheduled will undermine that goal. They ask that the decision of the returning officer respecting the contested membership applications be overturned in whole or in part, that a new enrolment process be instituted, and that the election not take place until that process is completed. Alternatively, if the court is concerned that there may be an issue which cannot be resolved on this application which would, if proven, cast a cloud over the election, they ask that the election be delayed to allow for further evidence to be gathered and for a further hearing into the merits of their complaints taking place, and they point to the precedent of the trial of the issue that was ordered by Smart J. in similar circumstances in Samra v. Guru Nanak Gurdwara Society, 2009 BCSC 1852. It is suggested that along with such orders the court could appoint a transitory executive to assume conduct of the society's affairs in the interim, given that the current executive has already been held over for more than one year.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.