Today, the Supreme Court of British Columbia fully dismissed a lawsuit filed by suspended MNBC President Clara Morin Dal Col as an “abuse of process” and a “collateral attack.” Her lawsuit concerned two motions passed by the MNBC board in January 2021, one of which temporarily suspended her with pay.
Today’s decision represents an important acknowledgment that the MNBC’s internal processes and legislation must be followed.
In dismissing her lawsuit, the Court reviewed MNBC’s Constitution and legislation in detail. The Judge recognized the powers under the MNBC Constitution of the Board of Directors to suspend a board member. The Judge found that in this case Ms. Dal Col’s proper recourse was to pursue an appeal to the MNBC’s judicial body, its Senate, as dictated by our Constitution. It remains open for Ms. Dal Col to pursue that appeal.
The Judge also noted that MNBC had on previous occasions advised the President that she should appeal to the Senate, and offered to shorten the timelines for that appeal. The Judge also dismissed Ms. Dal Col’s claim that the Senate was biased, holding that her claim was unsubstantiated on the evidence. The Judge specifically noted that the MNBC’s Senators are guided by a Code of Ethics.
Finally, the Judge referred to a board meeting which had been set for April 17th to consider Ms. Dal Col’s suspension to which she had been invited. While the Judge did not comment on that meeting (as it took place after the case was argued), Ms. Dal Col did not attend that meeting. A further board meeting has been set for May 20th from 9 AM to 11 AM to discuss Ms. Dal Col’s suspension, to which she has again been invited.