The AJC Will Respond to the Notice of Application - We Will Vigorously Contest its Allegations :: Association of Justice Counsel News
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November 13th, 2012
November 13th, 2012

The AJC Will Respond to the Notice of Application - We Will Vigorously Contest its Allegations

The Association of Justice Counsel was served on October 31, 2012 with a Notice of Application that appears to be seeking non-monetary relief under the Canada Not-for-profit Corporations Act.

We will vigorously contest the application on the grounds that the application has no merit.

This notice comes on the heels of the overwhelming ratification of our new agreement with the employer. Though there is absolutely no connection between our agreement and this action, some members have expressed concern if it might have an impact. Please be assured that while this attack is time-consuming, nothing in it will impact the finalization and coming into force of the collective agreement.  Be assured that the President, Directors and Officers of your Association have acted, and will continue to act, reasonably and with the best interests of the Association in mind.  And your new agreement is uppermost in our minds.

All 43 directors and 7 officers of the Association,  incorporated under the Canada Not-for-profit Corporations Act, have a duty to act reasonably, honestly, and in good faith in the best interests of the Association.  The AJC feels strongly that none of the allegations made by the applicant can credibly challenge the integrity of your hard-working volunteer Governing Council representatives, or threaten the integrity of our rigorously democratic process and the decisions of the Board.

Since we were served last week some of you have asked for copies of affidavits and exhibits.

Unfortunately, we cannot post these materials at this time.  As you will understand, we have to be very careful about the disclosure of documents related to the application.  While the AJC is committed to transparency, we cannot expose the Association to the risk that we may be:

  • in breach of solicitor-client privilege,
  • viewed as defamatory,
  • exposing the AJC to further litigation or,
  • adversely impacting our ability to defend your Association.
Commenting on the action, President Lisa Blais said, "We are confident of our ability to defend the decisions we have taken together this exciting year. And let me repeat there is nothing - nothing! - in this irritating attack that will be allowed to impact on our implementation of our new agreement. Please feel free to call or email me personally for any details you may wish to discuss.  If I may plead in advance, however, for reasons you will understand, there are strict limits on what I may discuss about the allegations at this stage."

Your Association will keep you informed about developments in this action as they occur.

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