What is the test for damages for exclusion from the governing process of an organization?
Ontario, Canada
The following excerpt is from Sukul v. Canada Hindu Satsangh Organization, 2008 CanLII 64010 (ON SC):
In the context of the interests of members in the respondent organization, one has to accept the probability of harm being suffered from exclusion from the governing process. I agree with the applicant that such harm is irreparable in the sense that it cannot be compensated for in damages, and that the balance of convenience favours the applicants. See Pandher v. Ontario Khalsa Darbar [2006] O.J. No. 1933, also 148 A.C.W.S. (3d) 469.
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