Windsor Judge Delivers Scathing Ruling Against Humane Society Board
In a landmark decision that has sent shockwaves through Ontario's not-for-profit sector, a Windsor judge has delivered a stinging rebuke to the Windsor/Essex County Humane Society board, declaring their actions to be in "bad faith" and ordering sweeping changes to their governance practices.
Judge Declares Board Decisions 'Void' Following Voting Rights Dispute
Superior Court Justice Jasminka Kalajdzic has ruled that all business conducted at board meetings following the denial of voting rights to new members is now legally void. The judge specifically stated that "all business conducted at these meetings is void" in reference to decisions made after the humane society denied voting privileges to more than 200 individuals who had registered for membership in 2024.
The legal battle centered on a surge in new paid memberships that occurred following the controversial termination of longtime executive director Melanie Coulter on June 25, 2024. According to court documents, the board retroactively denied voting privileges to these new members as they prepared to adopt a new governance model that would have significantly restricted voting rights.
Legal Victory for Applicants Who Challenged Board Actions
Justice Kalajdzic ruled that all 224 individuals who registered for membership between June 11 and October 4, 2024, were valid members with full voting rights. This decision came after nearly 200 of those new members were informed they were ineligible to participate in board votes despite having paid for membership.
"It's a full-out win," declared Andrew Colautti, counsel for the applicants Steuart Bruce, George Chifor, and Dexter Robinson. "It's a vindication of what their position has been from the very beginning." The three men, who were photographed outside the humane society facility in September 2025, expressed satisfaction with what they described as a complete legal victory.
Court Orders New Board Meeting Within Two Months
The judge has ordered the organization to hold a new board meeting within the next two months, with all "entitled" members permitted to participate. According to the ruling, any appointments to the board of directors made on or after October 4, 2024, along with all other business conducted at the December 20, 2024, members' meeting, must now be put back to a vote by all eligible members.
This decision comes after the board voted 17-10 in favor of amending its bylaws on October 7, 2024, to replace the existing open governance model—where any member could vote at meetings—with a closed model in which only board directors would hold voting rights.
Precedent-Setting Decision for Ontario's Non-Profit Sector
The applicants stated in a news release that "this decision sets an important precedent in Ontario jurisprudence" and "reaffirms the importance of member democracy and director accountability in Ontario's not-for-profit and charitable sector."
Justice Kalajdzic noted in her decision that Coulter's termination was "very controversial among employees, volunteers, and the public at large," leading to increased public interest and membership in the organization. The judge found that the board's subsequent actions to restrict voting rights constituted bad faith governance that undermined the democratic principles essential to non-profit organizations.
The ruling, made public on Thursday, represents a significant victory for member rights and transparency in organizational governance, with implications that extend far beyond the Windsor/Essex County Humane Society to affect similar organizations across Ontario.
