Statue of Lady Justice at B.C. Supreme Court in New Westminster. (File photo: Tom Zytaruk)

Statue of Lady Justice at B.C. Supreme Court in New Westminster. (File photo: Tom Zytaruk)

Delta Patriots Cricket Club takes Surrey, other clubs to court over Cricket BC voting

‘At issue is the propriety or legality of the voting procedures within Cricket BC,’ Justice John Harvey noted

Delta Patriots Cricket Club has taken three Surrey clubs among others in the West Coast Cricket Association (Cricket BC) to court seeking a series of orders related to its governance, specifically seeking that each member is entitled to one vote at any association meeting, including annual general meetings.

Justice John Harvey noted in his May 5 reasons for judgment, delivered in B.C. Supreme Court in New Westminster, that the petitioner is a registered society “promoting and fostering” cricket among Delta’s youth.

The respondents in this case are Surrey United Cricket Club Society, Newton Surrey Cricket Club, Surrey Stars Cricket Club, West Coast Cricket Organization, British Columbia Mainland Cricket Association, West Mission Strikers Cricket Club, Chilliwack Cricket Club, Richmond Cricket Club, PakCan Cricket Club Ltd. and West Vancouver Cricket Club.

Cricket BC is an affiliate of Cricket Canada, which is a member of the International Cricket Council.

“At issue is the propriety or legality of the voting procedures within Cricket BC,” Harvey noted.

Counsel for the Delta Patriots noted that many of the member clubs have more than one team, allowing them to cast more than one vote at the AGM. The Patriots argued that Cricket BC’s membership is not made up of “teams” but parent clubs and so permitting clubs to have more than one vote contravenes the Societies Act.

READ ALSO: Court bans Junior Hockey League from taking further action against Surrey Knights

READ ALSO: Drunken sucker punch costs B.C. teacher $226,000

Harvey noted that Cricket BC argued the court shouldn’t grant the declaration sought, “but rather, should direct a general meeting of Cricket BC within a designated period of time and identify the members who are entitled to vote so as to remediate the apparent conflict between the Bylaws and the SA.”

The secretary for Cricket BC noted that cricket teams have always been considered members of Cricket BC and that the order sought would “unduly interfere” with the organization’s finances as member clubs are charged dues “reflective of the number of teams that play under the club’s banner,” Harvey said.

The judge ordered that a meeting, “be it is an extraordinary meeting,” or the AGM which did not take place in November, be held no earlier than 45 days but no later than 90 days from May 5 to address the issues of membership and payment of dues.

In addressing who may vote, Harvey agreed with the petitioner that non-registered entities, “although members of Cricket BC, are not voting members given their lack of legal capacity.

“I have deferred the ordered meeting in order to give sufficient time to those clubs wishing to participate in the governance of Cricket BC to attend to the necessary steps to achieve legal status if they wish to do so,” Harvey decided.

Like us on Facebook Follow us on Instagram  and follow Tom on Twitter

BC Supreme CourtDeltaSportsSurrey

Just Posted

Surrey RCMP are investigating after shots were fired at a white Jeep Saturday evening in Newton. (Shane MacKichan photo)
Police investigating after shots fired in Newton

Surrey RCMP said a silver SUV shot at a white Jeep

A Grade 8 class at L.A. Matheson Secondary. March 2021. (Photo: Lauren Collins)
B.C.’s return-to-school plan good, but Surrey teachers hope there is room for adjustments

Surrey school district to receive $1.76M of the $25.6M provincial pandemic-related funding

Surrey Fire Service battled a dock fire along the Fraser River late Friday night (June 18). It was on Musqueam Drive, near Industrial Road, around 10:45 p.m. (Photo: Shane MacKichan)
Fire engulfs pier on Surrey side of the Fraser River

Pier has reportedly been unused for a long time

Marco Mendicino, Minister of Immigration, Refugees and Citizenship during a press conference in Ottawa on Thursday, May 13, 2021. THE CANADIAN PRESS/Sean Kilpatrick
Canada to welcome 45,000 refugees this year, says immigration minister

Canada plans to increase persons admitted from 23,500 to 45,000 and expedite permanent residency applications

Pedestrian hit by police vehicle in Langley

Injuries described as serious, requiring surgery

Barbara Violo, pharmacist and owner of The Junction Chemist Pharmacy, draws up a dose behind vials of both Pfizer-BioNTech and Oxford-AstraZeneca COVID-19 vaccines on the counter, in Toronto, Friday, June 18, 2021. An independent vaccine tracker website founded by a University of Saskatchewan student says just over 20 per cent of eligible Canadians — those 12 years old and above — are now fully vaccinated. THE CANADIAN PRESS/Nathan Denette
At least 20% of eligible Canadians fully vaccinated, 75% with one dose: data

Earlier projections for reopening at this milestone didn’t include Delta variant

This undated file photo provided by Ernie Carswell & Partners shows the home featured in the opening and closing scenes of The Brady Bunch in Los Angeles. Do you know the occupation of Mike Brady, the father in this show about a blended family? (Anthony Barcelo/Ernie Carswell & Partners via AP, File)
QUIZ: A celebration of dad on Father’s Day

How much do you know about famous fathers?

Emily Steele holds up a collage of her son, 16-year-old Elijah-Iain Beauregard who was stabbed and killed in June 2019, outside of Kelowna Law Courts on June 18. (Aaron Hemens/Capital News)
Kelowna woman who fatally stabbed teen facing up to 1.5 years of jail time

Her jail sentence would be followed by an additional one to 1.5 years of supervision

Cpl. Scott MacLeod and Police Service Dog Jago. Jago was killed in the line of duty on Thursday, June 17. (RCMP)
Abbotsford police, RCMP grieve 4-year-old service dog killed in line of duty

Jago killed by armed suspect during ‘high-risk’ incident in Alberta

The George Road wildfire near Lytton, B.C., has grown to 250 hectares. (BC Wildfire Service)
B.C. drone sighting halts helicopters fighting 250 hectares of wildfire

‘If a drone collides with firefighting aircraft the consequences could be deadly,’ says BC Wildfire Service

A dose of the Pfizer-BioNTech COVID-19 vaccine is pictured at a vaccination site in Vancouver Thursday, March 11, 2021. THE CANADIAN PRESS/Jonathan Hayward
NACI advice to mix vaccines gets varied reaction from AstraZeneca double-dosers

NACI recommends an mRNA vaccine for all Canadians receiving a second dose of a COVID-19 vaccine

A aerial view shows the debris going into Quesnel Lake caused by a tailings pond breach near the town of Likely, B.C., Tuesday, Aug. 5, 2014. THE CANADIAN PRESS/Jonathan Hayward
Updated tailings code after Mount Polley an improvement: B.C. mines auditor

British Columbia’s chief auditor of mines has found changes to the province’s requirements for tailings storage facilities

Most Read