Part 18 published on 01/05/07
Meeting procedures, although imperfect, found to be acceptable. Owner’s claim for defamation against President dismissed.
Mrs. Gagné sued the Syndicat for defamation and to have the annual general meetings held between 2004 and 2007 cancelled (including cancellation of the decisions taken during those meetings). The Court looked into the procedures followed during the meetings and found that they fell short of the requirements imposed under the Civil Code of Quebec as well as the requirements set out in the declaration. The Court also noted, however, that this had been the case since the Syndicat was established in 1983 and that it had been done in good faith and with the assent of all co-owners, in an attempt to keep costs to a minimum. The plaintiff had participated willingly in these meetings and had in fact been secretary of the Syndicat. She had, until recently, never complained of the anomalies of procedure. The Court reviewed the evidence produced and came to the conclusion that the plaintiff was not able to overturn the procedures of the Syndicat, even if they fell short of the requirements of the Code and the declaration, because it would be of greater detriment to the Syndicat than benefit. Since no interests had been injured in the process, the Court declined to cancel the general meetings or to revoke any of the decisions made during those meetings.
With respect to the claim of defamation, the events complained of happened over the phone in a private conversation between the plaintiff and the president of the board. It was the plaintiff who had then broadcast these events at an annual meeting five years later. Not only was the claim outside the limitation period, it also failed to address the issue that defamation does not occur in a private relationship; the person making the defamatory statements must also broadcast such statements to an audience.