Court Decision Rendered in Saskatchewan WTF Court Action

Taekwondo Canada wishes to advise the Canadian taekwondo community that a decision has been rendered in the Saskatchewan WTF court action. The full court Application that was made by Saskachewan WTF Tae Kwon Do Association Inc. on February 9, 2011 can be viewed here.

The following is an excerpt from the judge’s decision:

[27] The affidavit filed on behalf of the application from the deponent Wayne Mitchell (Mitchell) contains significant hearsay evidence and even double hearsay statements in respect of issues that are material to the determination of the application. This deponent has offered evidence as to information provided to him by others relating to events that he has no personal knowledge of, as well as evidence as to statements made by other persons and information as to who was present at particular meetings, and which members of TKD Canada had voting rights at particular points in time.

[28] The deponent Jay Park, who also filed an affidavit in support of the application, offers evidence which is in part hearsay relating to events that occurred at a particular meeting based on the recollection of another party as relayed to him.

[36] Counsel for both parties strongly urged that the affidavit evidence offered by the party opposite was less than credible and it was urged on behalf of the respondent that this litigation did not arise from constitutional and corporate governance concerns but rather represented a political dispute as to who and what membership factions within TKD Canada would or should have control over the management of the organization.

[38] The evidence is clear and un-contradicted that since the establishment of the most recent constitution in November of 2010, TKD Canada has acted in consultation with Sport Canada and the constitution has been filed with Industry Canada and received ministerial approval on December 10, 2010.

[39] Further, Sean O’Donnell, the deponent on behalf of Sport Canada who was examined with respect to this pending application, testified that while Sport Canada would work with whatever board of directors is elected to represent TKD Canada, he could not confirm that government funding would be continued if a new board was elected. Financial support through Sport Canada has recently been approved in the sum of approximately $500,000 which is to be paid to TKD Canada.

[40] In my view, the issues at stake on this application are most important and the impact of the results of this application will be significant on the corporate governance and operation of TKD Canada and may have resulting impact on the funding and future of amateur tae kwon do in Canada. The outcome of this application will have results affecting not only the immediate parties to this litigation but may affect members of TKD Canada and their local individual members as well. Thus, on the inadequate and conflicting record available and considering the significance of the issues at stake and the caution that should be exercised in interfering in the internal management of organizations such as this, I conclude that this is not a proper case to be determined by application. I have also taken into account that current government funding has been granted to TKD Canada.

[41] I thus conclude that this is a proper case for an order that the application proceed to trial in accordance with Rule 38.10. Leave is hereby granted to the applicant to file and serve a statement of claim within 30 days of the release of these reasons with a statement of defence to be served on behalf of the respondent within 20 days thereafter. The action, as then constituted, shall proceed otherwise in accordance with the requirements of the Rules of Civil Procedure.

For the full decision please see the following link.

To read a message by Dasha Peregoudova, National Team Athlete Representative please click the following link.

To view the full

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