Unincorporated Association

Varjacic v. Radoja, 2018 ONSC 1650 (CanLII)

[9] The unincorporated Association is not a legal entity. It cannot sue or be sued. Natasha Varjacic has an interest as a member of the Association and as a person who paid $20,000 worth of property tax out of her own pocket, but she is not a party. If she has not yet decided to join the litigation as a party, no one else can sue for her.

[10] The incorporated Association is a legal entity but it has no interest in the litigation. It has no connection to the property. Members of the corporation may have an interest as members of the Association, but their interest is not the corporation’s. See Polish National Catholic Church of Canada v. Polish National Catholic Church, [2014] O.J. No. 3750 (SCJ, Archibald J.). In the Polish Church case, the corporate plaintiff was a member of the unincorporated defendant. The situation is even more pronounced here. The corporation came into being as a result of the dispute, and at least in part it seems to me for the purpose of protecting the complaining members from exposure to costs.

[11] Accordingly, I make the following orders:

a. The unincorporated Association’s motion is dismissed.

b. The corporate Association’s Application in 15-55465 is dismissed.

c. All proceedings in these three files for or against the unincorporated Association and the corporate Association are dismissed.