What is the test for making a special resolution at a meeting?

British Columbia, Canada


The following excerpt is from Hong v. Young Kwang Presbyterian Church of Vancouver, 2007 BCCA 29 (CanLII):

The appellant also relies on the decision of Armstrong v. Clark [2002] B.C.J. No. 1009 where Scarth J., following English authority, held at para. [30] that: In the case of special resolutions they must be passed in the exact form appearing in the notice and may not be amended at the meeting.

Other Questions


Can a court order a special levy, on application by an administrator, after the owners have voted down a special resolution? (British Columbia, Canada)
Can conduct which makes the resolution of an issue far more difficult than it should have been attract a special costs award? (British Columbia, Canada)
In what circumstances will a court award special costs against a party who improperly makes an allegation of fraud against a defendant? (British Columbia, Canada)
What is the test for making a partial award for special costs in a personal injury proceeding? (British Columbia, Canada)
Is it improper for a director to make a call on some members of a class of shareholders without making a similar call on all other members of that class? (British Columbia, Canada)
Can a director be held liable for any loss arising from a "heated meeting" where he made comments at a meeting about being responsible for an investment? (British Columbia, Canada)
Is there any evidence that the claimant advised the Respondent that she was in economic difficulty and that she could not make ends meet? (British Columbia, Canada)
Does an order under s. 9 of the Guidelines on Special and extraordinary expenses include a separate order as to special and extraordinary expense? (British Columbia, Canada)
What is the test for determining whether a Minister made an unreasonable or unjust decision in making a decision not to seek assurances that the likely penalty would not make the surrender unjust or oppressive? (British Columbia, Canada)
Can an individual who makes allegations of breach of fiduciary duty, intentional misrepresentation and an insupportable claim for punitive and exemplary damages receive special costs? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.