Welcome

Posted March 14th, 2008 by Alex Matan

This site provides members of the Nipissing University Student Union Incorporated (NUSU), Nipissing University administrators, alumni, and the general public with information about the status of NUSU bylaws and other useful information needed to reform the organization.

My overall conclusion is that the fake bylaws [PDF] put forth on the NUSU web site are invalid due to failure to follow the amendment rules in place at the time as well as failure to follow confirmation provisions in the Corporations Act. As such, the NUSU bylaws recognized to be in effect in 2000-2001 are still legally in full force and effect today.

What will happen if the bylaw passes or fails

Posted March 14th, 2008 by Alex Matan

If you don't have time to read anything else, here's a quick summary that should dispel the myths about the bylaw proposed at the upcoming AGM

 

The bylaw is passed
If the proposed bylaw passes, the net effect is that NUSU bylaw (constitutional) amendments will be approved in secret meetings that you will have no right to know about, attend, speak, or vote at. This is illegal unless you are made non-members of your own student union, which is exactly what this new bylaw does. Check out www.nusu.ca/misleading for a full analysis, complete with references to the proposed bylaw and the Corporations Act.

The bylaw is rejected
If the bylaw doesn't pass, then NUSU would likely have to revert to the bylaws of 2001, which are open, democratic, and accountable. You can check them out at www.nusu.ca/bylaws2001 Otherwise, NUSU would probably revert to having no bylaws at all, as if it was just founded, and the exec would then be able to fashion bylaws of their choosing, or none at all, and submit them for approval at the next AGM. You can operate without a written constitution in the same way that the United Kingdom parliament does. Nothing bad will happen. NUSU will stay open. The Wall will stay open. In fact, only good things can happen if this bylaw doesn't pass.

Revised NUSU Corporate Information Filed on March 12, 2008

Posted March 18th, 2008 by Alex Matan

Find attached below the current Corporation Profile Report generated today. It is based on information submitted on behalf of NUSU by Matthew Grant (an associate lawyer at Baker & McKensie specializing in mergers & acquisitions, securities, private equity, and financial products) on March 12, 2008.

AGM Meeting Not Duly Called - Results Likely Invalid

Posted March 14th, 2008 by Alex Matan
Dear NUSU Directors:

Please note that since you did not attempt to provide individual notice of the meeting to each member of NUSU, your Annual General Meeting of Tuesday, March 18, 2008 has likely not been duly called under the legal requirements of subsection 93(2) of the Corporations Act, which states that “The by-laws of the company shall not provide for fewer than ten days notice of meetings of shareholders and shall not provide that notice may be given otherwise than individually.” Unless members are made aware of the meeting under the terms of the law, you have not actually called a general meeting of members. More likely, you have effectively just invited some members for a gathering at The Wall on a Tuesday afternoon by advertising it with a few posters and a note on your web site.

NUSU AGM - Deficiencies in organization and agenda

Posted March 13th, 2008 by Alex Matan
Dear NUSU Directors:

Please be advised of the following deficiencies in the organization and agenda of your upcoming Annual General Meeting.

= Notice not given to members individually =

Although you have made posters and placed a notice on your web site, you have not provided personal and individual notice to members of the upcoming AGM as per the requirements of Paragraph 93(1)(a) and Subsection 93(2) of the Corporations Act.

NUSU Notice of AGM is Misleading - Student Membership Rights to be Revoked

Posted March 13th, 2008 by Alex Matan
Hello NUSU Directors,

Legal Opinion Letter on NUSU Governance by Cavalluzzo, Hayes, Shilton, McIntyre and Cornish (Barristers and Solicitors)

Posted November 16th, 2007 by Alex Matan
Kyle Marsh, past president of NUSU (illegally removed from office through a no-notice floor motion of an exec meeting in November 2006), obtained the attached legal opinion letter today from Cavalluzzo, Hayes, Shilton, McIntyre and Cornish (Barristers and Solicitors).

I believe it confirms much of my own published and unpublished research: NUSU directors and officers are legally required to respect the Corporations Act and NUSU's own established bylaws and procedures.

NUSU Official Corporate Filings Wildly Inaccurate and Expose NUSU Officers and Directors to Fines and Jail

Posted November 13th, 2007 by Alex Matan

Fifteen minutes of login hassle and $40 later, please find attached below as a PDF file the certified current corporation profile report for NUSU that I ordered and obtained on November 13, 2007.


Legal Requirements at an AGM

Posted April 2nd, 2007 by Alex Matan
By law, finanical statements and the auditor's report must be presented at the AGM. That's the legal minimum for an AGM.

Under section 133 of the Corporations Act, the following AGM disclosure rules (among others) apply to not-for-profits like NUSU:
"...sections 96 and 96.1, clauses 97 (1) (a), (c) and (d), subsection 97 (3)..."

http://www.e-laws.gov.on.ca/DBLaws/Statutes/English/90c38_e.htm#BK96

Here's the stuff that applies to NUSU (use the word "members" in place of "shareholders"):

Exec Meeting - New bylaws "passed" without lawful authority

Posted January 26th, 2007 by Alex Matan

Motion #15 in the attached minutes of one of apparently two consecutive or concurrent exec meetings held on September 13, 2002 purport to revoke the 2000-2001 bylaws and replace them with the 2002-03 NUSU Governance Package.