Sandhu et al. v. Siri Guru Nanak Sikh Gurdwara of Alberta,

• Judge: Bielby,Martin,Ross
• Neutral Citation: 2015 ABCA 101
• Citation: 2015 ABCA 101,(2015), 599 A.R. 267,599 AR 267,(2015), 599 AR 267,599 A.R. 267
• Date: 06 January 2015
• Court: Court of Appeal (Alberta)

Sandhu v. Siri Guru Nanak Sikh Gudwara (2015), 599 A.R. 267; 643 W.A.C. 267 (CA)

MLB headnote and full text

Temp. Cite: [2015] A.R. TBEd. MR.112

Sakattar Singh Sandhu and Baldev Singh Hundle (respondents/applicants) v. Siri Guru Nanak Sikh Gurdwara of Alberta (appellant/respondent)

(1403-0017-AC; 2015 ABCA 101)

Indexed As: Sandhu et al. v. Siri Guru Nanak Sikh Gurdwara of Alberta

Alberta Court of Appeal

Martin and Bielby, JJ.A., and Ross, J.(ad hoc)

March 11, 2015.

Summary:

The Siri Guru Nanak Sikh Gurdwara of Alberta (Society) was a religious society incorporated under the Religious Societies' Land Act (RSLA) and owned and operated a Sikh temple in Edmonton. Two members of the Society (applicants) applied to wind-up the Society under s. 25 of the RSLA, claiming that numerous Sikhs had been improperly refused membership.

The Alberta Court of Queen's Bench, in a decision reported [2013] A.R. Uned. 683; 2013 ABQB 646, held that the applicants had been the subject of oppressive conduct at the hands of the Society and ordered a restructuring of the Society's process for approving applications for membership and amended its governing bylaws (the reasons on the merits). The Society appealed and applied for a stay of the remedy ordered in the reasons on the merits until that appeal was complete.

The Alberta Court of Queen's Bench, in a decision reported [2014] A.R. Uned. 174; 2014 ABQB 169, refused to grant the stay. The Society appealed the stay decision.

The Alberta Court of Appeal, per Côté, J.A., in a decision reported [2014] A.R. Uned. 173; 2014 ABCA 181, allowed the appeal from the stay decision and granted the stay, pending the appeal. The appeal from the reasons on the merits proceeded.

The Alberta Court of Appeal dismissed the appeal.

Associations - Topic 2010

Management - General - Judicial intervention - The Siri Guru Nanak Sikh Gurdwara of Alberta (Society) was a religious society incorporated under the Religious Societies' Land Act (RSLA) which owned and operated a Sikh temple - Two members of the Society (applicants) applied under s. 25 of the RSLA to wind-up the Society, claiming that numerous Sikhs had been improperly refused membership - A chambers judge found that the Society's conduct was oppressive and ordered a restructuring of the Society's membership application process and amended its governing bylaws - The Society appealed, arguing that the chambers judge lacked jurisdiction to impose this type of remedy - The Alberta Court of Appeal dismissed the appeal - The Society members had status under RSLA to apply to wind up the Society because of acts of oppression at the hands of management - The chambers judge had jurisdiction to restructure the Society's election process and otherwise amend its bylaws as he did - See paragraphs 36 to 46.

Associations - Topic 2010

Management - General - Judicial intervention - The Siri Guru Nanak Sikh Gurdwara of Alberta (Society) was a religious society incorporated under the Religious Societies' Land Act (RSLA) which owned and operated a Sikh temple - Two members of the Society (applicants) applied under s. 25 of the RSLA to wind-up the Society, claiming that numerous Sikhs had been improperly refused membership - A chambers judge found that the Society's conduct was oppressive and ordered a restructuring of the Society's membership application process and amended its governing bylaws - The Society appealed, arguing that the chambers judge erroneously granted an order of judicial review which was outside his jurisdiction on a winding up application - The Alberta Court of Appeal dismissed the appeal - The court stated that the chambers judge did not purport to grant judicial review, nor did he do so - Therefore, any failure to comply with the limitation period or other prerequisites for that type of relief was irrelevant - See paragraphs 47 and 48.

Associations - Topic 2010

Management - General - Judicial intervention - The Siri Guru Nanak Sikh Gurdwara of Alberta (Society) was a religious society incorporated under the Religious Societies' Land Act (RSLA) which owned and operated a Sikh temple - Two members of the Society (applicants) applied under s. 25 of the RSLA to wind-up the Society, claiming that numerous Sikhs had been improperly refused membership - A chambers judge found that the Society's conduct was oppressive and ordered a restructuring of the Society's membership application process and amended its governing bylaws - The Society appealed, arguing that the chambers judge applied the wrong test for oppression - The Alberta Court of Appeal dismissed the appeal - While the judge did not expressly describe the test, his findings and conclusion demonstrated that he correctly applied and understood the test - The court discussed the test for oppression in this context - There was sufficient evidence to establish oppression - See paragraphs 49 to 62.

Associations - Topic 2010

Management - General - Judicial intervention - The Siri Guru Nanak Sikh Gurdwara of Alberta (Society) was a religious society incorporated under the Religious Societies' Land Act (RSLA) which owned and operated a Sikh temple - Two members of the Society (applicants) applied under s. 25 of the RSLA to wind-up the Society, claiming that numerous Sikhs had been improperly refused membership - A chambers judge found that the Society's conduct in dealing with membership applications was oppressive and ordered a restructuring of the Society's membership application process and amended its governing bylaws - The Society appealed, arguing that the chambers judge made a palpable and overriding error in imposing the remedies he chose - The Alberta Court of Appeal dismissed the appeal - The court discussed the scope of the oppression remedy in relation to a society incorporated under the RSLA - See paragraphs 63 to 77.

Associations - Topic 2062

Management - Oppression of members - Remedies - General (incl. availability) - [See first and fourth Associations - Topic 2010 ].

Associations - Topic 3024

Actions against associations - Grounds - Oppressive or unfairly prejudicial conduct - [See first, third and fourth Associations - Topic 2010 ].

Practice - Topic 3604.3

Evidence - Affidavits - General - Consideration of (incl. conflicting affidavit evidence) - Two members of a religious society (applicants) applied under s. 25 of the Religious Societies' Land Act (RSLA) to wind-up the society, claiming oppressive conduct - A chambers judge found that the society's conduct was oppressive and granted certain remedial orders - The society appealed, arguing that the chambers judge erred in making a determination on the basis of conflicting affidavit evidence - The Alberta Court of Appeal dismissed the appeal - Conflict on certain points in the parties' affidavits did not alone mean that the matter should have been adjourned for oral testimony or full trial - Here, the judge found that he was able to resolve the conflicting affidavit evidence and make a fair and just determination on the merits - The judge was entitled to proceed as he did - See paragraphs 78 to 85.

Cases Noticed:

Garcha v. Khalsa Diwan Society - New Westminster et al. (2006), 223 B.C.A.C. 295; 369 W.A.C. 295; 2006 BCCA 140, refd to. [para. 24].

Hara v. Khalsa Diwan Society et al., [1998] B.C.T.C. Uned. I25 (S.C.), affd. [1999] B.C.A.C. Uned. 128; 1999 BCCA 409, refd to. [para. 24].

Narwal v. Sikh Cultural Society; Goshal v. Sikh Cultural Society (1982), 38 B.C.L.R. 230 (S.C.), refd to. [para. 24].

Kim et al. v. Kim, [2009] A.R. Uned. 709; 2009 ABQB 608, refd to. [para. 24].

McRoberts v. Whissell, [2006] A.R. Uned. 719; 2006 ABCA 388, refd to. [para. 33].

H.L. v. Canada (Attorney General) et al., [2005] 1 S.C.R. 401; 333 N.R. 1; 262 Sask.R. 1; 347 W.A.C. 1; 2005 SCC 25, refd to. [para. 34].

1216808 Alberta Ltd. v. Crown Capital Corp., [2014] A.R. Uned. 405; 2014 ABCA 386, refd to. [para. 34].

1216808 Alberta Ltd. v. Devtex Ltd. - see 1216808 Alberta Ltd. v. Crown Capital Corp.

Naneff v. Con-Crete Holdings Ltd. et al. (1995), 85 O.A.C. 29; 23 O.R.(3d) 481 (C.A.), refd to. [para. 35].

Somaliland Cultural Association of Edmonton v. Bakal, [2006] A.R. Uned. 561; 2006 ABQB 657, refd to. [para. 43].

Boucher v. Metis Nation of Alberta Association et al. (2009), 448 A.R. 185; 447 W.A.C. 185; 2009 ABCA 5, refd to. [para. 48].

Aegon Capital Management Inc. et al. v. BCE Inc. et al., [2008] 3 S.C.R. 560; 383 N.R. 119; 2008 SCC 69, refd to. [para. 50].

BCE Inc. v. 1976 Debentureholders - see Aegon Capital Management Inc. et al. v. BCE Inc. et al.

Keho Holdings Ltd. and Oliver v. Noble et al. (1987), 78 A.R. 131; 1987 ABCA 84, refd to. [para. 50].

Bentley et al. v. Anglican Synod of the Diocese of New Westminster et al. (2010), 297 B.C.A.C. 59; 504 W.A.C. 59; 11 B.C.L.R.(5th) 209; 2010 BCCA 506, refd to. [para. 56].

R. v. Big M Drug Mart Ltd., [1985] 1 S.C.R. 295; 58 N.R. 81; 60 A.R. 161; 18 D.L.R.(4th) 321, refd to. [para. 56].

Ukrainian Greek Orthodox Church of Canada v. Ukrainian Greek Orthodox Cathedral of St. Mary the Protectress, [1940] S.C.R. 586; [1940] 3 D.L.R. 670, refd to. [para. 56].

Board of Education of Starland School Division No. 30 v. Alberta et al. (1988), 91 A.R. 329; 62 Alta. L.R.(2d) 328 (Q.B.), refd to. [para. 56].

Bruker v. Marcovitz, [2007] 3 S.C.R. 607; 370 N.R. 1; 2007 SCC 54, refd to. [para. 56].

Lakeside Colony of Hutterian Brethren et al. v. Hofer et al., [1992] 3 S.C.R. 165; 142 N.R. 241; 81 Man.R.(2d) 1; 30 W.A.C. 1, refd to. [para. 56].

Hart v. Roman Catholic Episcopal Corp. of the Diocese of Kingston (2011), 285 O.A.C. 354; 2011 ONCA 728, leave to appeal refused (2012), 436 N.R. 383; 301 O.A.C. 400 (S.C.C.), refd to. [para. 57].

Samra v. Guru Nanak Gurdwara Society et al. (2008), 255 B.C.A.C. 195; 430 W.A.C. 195; 81 B.C.L.R.(4th) 239; 2008 BCCA 202, refd to. [para. 61].

Smith v. Ritchie et al., [2009] A.R. Uned. 312; 2009 ABCA 373, refd to. [para. 64].

Whittall v. Vancouver Lawn Tennis and Badminton Club, [2004] B.C.T.C. 877; 2004 BCSC 877, refd to. [para. 68].

Demiris et al. v. Hellenic Community of Vancouver et al., [2000] B.C.T.C. 288; 2000 BCSC 733, refd to. [para. 68].

Condominium Corp. No. 9813678 et al. v. Statesman Corp. et al. (2007), 409 A.R. 152; 402 W.A.C. 152; 2007 ABCA 216, leave to appeal refused (2008), 385 N.R. 381; 454 A.R. 102; 455 W.A.C. 102 (S.C.C.), refd to. [para. 68].

Shergill et al. v. Khaira et al., [2014] N.R. Uned. 105; [2014] UKSC 33, reving. [2012] EWCA Civ. 983, refd to. [para. 69].

Varsani v. Jesani, [1999] Ch. 219; [1998] 3 All E.R. 273 (C.A.), refd to. [para. 70].

Nieuwesteeg v. Barron (2009), 460 A.R. 329; 462 W.A.C. 329; 2009 ABCA 235, refd to. [para. 78].

Charles Estate, Re (2014), 577 A.R. 54; 613 W.A.C. 54; 2014 ABCA 200, refd to. [para. 78].

Charles v. Young - see Charles Estate, Re.

Hryniak v. Mauldin, [2014] 1 S.C.R. 87; 453 N.R. 51; 314 O.A.C. 1; 2014 SCC 7, refd to. [para. 79].

Seymour Resources Ltd. v. Hofer et al., [2004] A.R. Uned. 418; 2004 ABQB 303, refd to. [para. 81].

J.M.L. v. G.G.L., [2014] A.R. Uned. 22; 2014 ABCA 36, refd to. [para. 83].

Statutes Noticed:

Business Corporations Act, R.S.A. 2000, c. B-9, sect. 215(1)(a), sect. 215(2) [para. 39]; sect. 242 [para. 40].

Religious Societies' Land Act, R.S.A. 2000, c. R-15, sect. 25(1), sect. 25(3) [para. 38].

Counsel:

A.S. Dosanjh, for the respondents/applicants;

A.L.L. Hurley and M.E. Alexander, for the appellant/respondent.

This appeal was heard on January 6, 2015, before Martin and Bielby, JJ.A., and Ross, J.(ad hoc), of the Alberta Court of Appeal. Bielby, J.A., delivered the following reasons for judgment for the court on March 11, 2015.