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23 Jan 2010

ASA has its annual general meeting at the Matrix Hotel in Edmonton.
At this meeting the ASA Board of Directors was elected. For the rest of this time line I will refer to this group as ASA Board (Jan 2010).

19 Feb 2010

Board of Directors signed a resolution giving Mr Charpentier the power to ask for the resignation of the President (Chris Billings) and if not received the power to suspend him.


The 26 May release seems to indicate 21 Feb 2010.
Mr Billings in his response of 21 Feb 2010 indicated that the resolution he was shown was not signed by all nine board members. It only had the signatures of Mr Charpentier, Ms Chater and Mr Jossy.
 

20 Feb 2010

Mr Charpentier and Mr Ivan Magdee (EMSA VP) meet with Mr Billings and request his resignation within 24 hours or face suspension.
  




Why is an EMSA VP privy to the Board dealings of the ASA?
 

21 Feb 2010

Mr Billings responds to Mr Charpentier rejecting the request that he resign.

"Your demand for my resignation does not appear to be properly authorized by the ASA Board of Directors and is, therefore, without proper legal authority. At best, the demand seems to be made by yourself, Ivan Magdee and the two signatories (additional to yours) of the original letter you showed to me, Christine Chater, and Chris Jossy."

He requests Mr Charpentier to supply:
  1. A certified copy of the notice of the meeting of the Board at which this course of action was discussed, if such exists;
  2. A certified copy of the minutes of the meeting of the Board at which this course of action was discussed and voted upon;
  3. A copy of the legal advice provided to the Alberta Soccer Association by Gowlings that you refer to relying upon; and
  4. Particulars or grounds of the allegations being made against me as ASA President. (i.e. I need to know what I am accused of by you so I can respond).

Mr Innes sends a Notice of Suspension letter to Mr Billings.
  
 

22 Feb 2010

Mr. Charpentier, Mr. Kern, Mr. Innes and Ms. Chater dismiss ASA Executive Director Salvi Cammarata.

ASA Board (Jan 2010) sends email to ASA membership informing them of the suspension of the President, Mr Billings.

kim Letkeman sends an email to members of the ASA board expressing confusion and disappointment in Mr Cammarata's termination.

  



I am not sure of the order of this day's activity.
 

24 Feb 2010

Mr Charpentier sends an email to the ASA membership in response to concerns regarding Mr Billings suspension.



I am not in possession of the particular concerns raised by the ASA membership to which Mr Charpentier is responding.

If you have any information that can help put the response in context please email acoachinab@gmail.com.
 
 

3 March 2010

Mr Billings sends an email to all ASA members and Board Members containing:
  1. President’s Address – 2009 Annual Report
  2. Threat of Resignation by Mario Charpentier
  3. Notice of Suspension
  4. Response to Notice of Suspension
  5. ASA President’s Preliminary Response to Allegations
Mr Billings requests that the information be shared with the members' local boards.
  
 

6 March 2010

Resolution to suspend Mr Billings passes at a meeting of the Board.
  



This is stated in the opinion of the ASA Board (Jan 2010) legal counsel.

Mr Billings denies the legality of this action.

 
 

19 March 2010

Bennett Jones supplies CASA with opinion on the legality of the ASA president's suspension.

The opinion is that the attempted suspension is not legally effective:
  1. alleged resolution is not valid,
  2. only the Association can vacate a Director for cause,
  3. principles of natural justice have not been complied with.
  
 

22 March 2010

Letter from CSA President Maestracci to Mr Billings regarding the inclusion of Mr Charpentier at CSA Board meeting:

In view of the important decisions the Board had to make on Governance and financial matters, it allowed Mr. Charpentier to attend the Board of Directors meeting as an observer without a vote, in order that he may report back on these important decisions of the Board to the Alberta Soccer Association. This decision is supported by the provisions of Articles 14.3(d) and 36.5 of the By-Laws.
  

31 March 2010

The staff of the ASA sends a letter to the ASA Board of Directors:

The Staff at Alberta Soccer has some deeply felt concerns about how they are being treated by some members of the ASA Board of Directors.

4 PM

Mr Billings is emailed a petition from ASA members demanding a Special General Meeting be convened to address the resolutions in the petition:
  1. a resolution to have the SGM chaired by a person appointed by Alberta Community Development or an independent impartial body,
  2. resolutions removing all Directors from ASA Board (Jan 2010). (with the exception of Danny Bowie and Chris Billings),
  3. a resolution calling for nominees to replace any removed Directors

8 PM

Mr Billings sends the ASA members a Notice of Special General Meeting informing them of the petition and that the meeting is to be held on 24 April 2010 prior to the previously scheduled planning meeting.

Within the Notice Mr Billings includes the paragraph:

"Under Article 13 3, the names of accredited delegates and alternates must be filed with the Association not later than seven (7) days prior to the General Meeting. Given the current circumstances, please file those directly with me on the attached form at your earliest opportunity."











Because the notice was sent to all active ASA members any ASA directors mentioned in the SGM resolutions who also sat on the board of their local district would have known about the meeting.

1 April 2010

The ASA Board (Jan 2010) sent a notice the ASA members calling an SGM for 1pm.


The original notice does not include the resolution that is to be voted on.
 

6 April 2010

The ASA board (Jan 2010) sends a letter to the ASA membership responding to the allegations made in the 31 March petition demanding a SGM.

The Board has endeavored to refrain from commenting on the suspension of Mr Chris Billings and the pending investigation, however, in light of the petition that has been circulated amongst the members, which contains a number of allegations relating to the Board, it is necessary for the Board to respond to these allegations.
  
 

8 April 2010

ASA staff send out 1pm 24 April 2010 SGM agenda and meeting rules to ASA members.

Agenda item 6:
Motion of non-confidence on the Board of Directors to remove the following Board Members: Mario Charpentier, Jeff Du Berger, Colin Innes, Fred Kern, Christine Chater, Bill Malone, Robert Hayne, Chris Jossy, and Kim Letkeman.

Mr Billings is sent Hearing Notice
  
 

10 April 2010

Mr Billings sends a letter to the ASA membership:

As indicated in my correspondence of March 29, this issue at its heart is about the Governance of your Association.. In the democratic society of which this Association is based, it is you the Members who make determinations as to its direction. You elect a Board of Directors to manage the affairs of the Association, but at the end of the day, those Board of Directors report to you, not the other way around.
  
 

12 April 2010

ASA Board(Jan 2010) announces hiring of new ASA Executive Director Richard Adams to begin on 19 April 2010.

Mr du  Berger sends a letter to the ASA membership responding to Mr Billings letter of the 10th.
  
 

16 April 2010

Mr Billings provides rationale for not attending hearing.

Email notification of hearing from Mr Leighton and questions from Mr Billings.
Part 1 and Part 2
  
 

19 April 2010

Mr du Berger responds to Mr Billings rationale and addresses specific issues within Mr Billings letter.
  
 

20 April 2010

Fraser Milner Casgrain provides legal opinion to Mr Billings regarding:
  • validity of proposed Special General Meeting requested by members
  • validity of SGM called by ASA Board(Jan2010)
  • quorum required to convene SGM
  • number of votes required to pass resolutions
  

23 April 2010

The ASA Board (Jan 2010) called a hearing to review the allegations directed towards Mr Billings.

Mr Billings did not attend.

Mr Billings sends letter to ASA membership containing legal opinion of SGM.

"I have just this morning received correspondence from Jeff Du Berger that threatens legal action against the Members if they choose to attend a meeting that has been called by the Petition. A Petition signed by 11 of 18 Districts in Alberta. 61% of the Districts in Alberta are being threatened with ‘court intervention costing tens of thousands of dollars’. How you choose to react to this is up to you. This is your Association."


The ASA Board (Jan 2010) has reported the date of the hearing to have been April 23rd in the media backgrounder given to the Alberta Weekly Newspapers Association and April 24th in its June 1st media release.
 

24 April 2010

9am 

Special General Meeting of the ASA members is held at the Capri Hotel in Red Deer. Mr Alan Beattie chairs the meeting and all resolutions pass unanimously with the exception of the resolution to remove Kim Letkeman where 1 abstention occurred.
A new ASA Board is elected and for the rest of the time line I will refer to them as the ASA Board (Apr 2010)

1pm

SGM called by the ASA Board(Jan 2010).
















Not sure if the SGM called by the ASA Board (Jan 2010) took place or who went.

At some point around this date Bill Malone resigned from the ASA Board (Jan 2010).

   
 

27 April 2010

ASA Board (Apr 2010) is sent email from Gowlings advising they are being served the filed Originating Notice of Motion and supporting Affidavit in respect of an application being brought on Wednesday, April 28, 2010 at 10:00 a.m		  




The copy of the Bylaws included with the Affidavit is a 2009 version.
It is strange that Gowlings' earlier opinion referenced the 1998 version but that is not the version used in the affidavit.
 

28 April 2010

Mr Beattie's independent report is sent out to ASA Members. The report documents the events of 24 April including an attempt to combine meetings.

Courts adjourn the application of ASA Board(Jan 2010) until 7 May 2010 and appoints Anita Cahoon and Richard Adams to jointly oversee day-to-day operations of the ASA.

May 2010

ASA Board (Jan 2010) initiates court action to determine the validity of the SGM
  
 

1 May 2010

Kim Letkeman of Medicine Hat resigns from the ASA Board (Jan 2010).
  
 

4 May 2010

The Canadian Soccer Association President, Dominique Maestracci,  sent a letter to Mr Charpentier and Mr Billings indicating:
  1. they recognize the ASA board as elected and confirmed at the 23 Jan 2010 AGM.
  2. that since Mr Billings is suspended he cannot attend the CSA Board of Directors meeting. ASA can send someone but they will have no vote.
  3. that the ASA can still attend the AGM and vote. Delegates being Mario Charpentier, Jeff du Berger, Colin Innes and Fred Kerns.
  4. litigation is contrary to the CSA bylaws.The Sport Dispute Resolution Centre of Canada has jurisdiction.
  
 

7 May 2010

ASA Board (Jan 2010) withdraws it legal action. (Transcript)
Anita Cahoon and Richard Adams are no longer court appointed to oversee day-to-day operations of the ASA.
  
 

8 May 2010

Letter from Mr Charpentier to ASA members Re: Districts wanting to withdraw from CSA
"We are aware of some districts wanting to withdraw from CSA as described in the attached correspondence sent to CSA's Legal Counsel."
  
 

May 2010

Former Executive Director, Salvi Cammarata files wrongful dismissal claim of $250,000 naming the ASA and five members of the ASA Board (Jan 2010).



Presumably the are Mr Charpentier, Mr Kern, Mr Innes, Ms Chater and Mr Hayne.
 

9 May 2010

Mr Billings sends a Cease and Desist email to Mr Charpentier
  
 

10 May 2010

Mr Charpentier responds to Mr Billings Cease and Desist request.
  
 

12 May 2010

The ASA Board (Jan 2010) sends a copy of their legal counsels opinion on the validity of the 9am SGM to members of the ASA. The opinion is that the SGM was not compliant with the bylaws as filed at Alberta Registries. Specifically;
  1. Calgary Soccer Federation did not receive notice
  2. Delegates were not filed with the ASA
  3. A quorum as per 1998 Bylaws was not achieved
  



The version of the bylaws on record with Alberta Registries is from 1998. No one from ASA has filed bylaw changes made at ASA AGM’s for the last 12 years. The copy found on the ASA website indicates it is current as of July 18, 2009.

A copy of the 1998 ASA Bylaws (pages 60 - 75)
Note the bottom of page 64 where it is handwritten:
"McC[sic] Desrochers gave permission to remove special from Article 12"

Article 12 is the Quorum section. Presumably the above indicates that the quorum provision does not apply to Special General Meetings.
 

14 May 2010

CSA Board of Directors meeting in Winnipeg. Mr Billings is not permitted to attend the meeting and is escorted out.



CSA previously stated Mr Billings could not represent ASA. Whoever represented ASA would have a voice but no vote.

Who attended this meeting on behalf of the ASA?
 

15 May 2010

CSA annual general meeting in Winnipeg.
Governance of Canadian soccer about to change
ASA Board (Jan 2010) representatives vote against the motion to accept the proposed change in the CSA board structure.		  



Reasons for voting against the motion are outlined in the 26 May 2010 'Important Update to all Members of the Alberta Soccer Association' here

CBC soccer columnist Jason de Vos gives his opinion of Mr Charpentier's reasons here.
 

21 May 2010

ASA Executive Director Richard Adams resigns.		  
 

25 May 2010

The ASA Board (Jan 2010) arranges for background information on the issues to be sent to the Alberta Weekly Newspapers Association.








Mr Charpentier sends letter to ASA members reminding them of the June 1st deadline for fees.

Also stating:
In accordance with the ASA’s By-Laws, Rules and Regulations,
any Member that fails to remit payment of the fees by this date will be
considered a Member in bad standing and will not be able to compete in
Provincial and National Cup Competitions, including those competitions leading to Nationals. Moreover, Members in bad standing are not able to access ASA resources, including referee, coaching and player development programs nor are they given voice or vote at ASA sanctioned meetings.



In the backgrounder they state:
According to a legal opinion presented by Gowlings, the so called SGM called by Mr. Billings April 24th was not a duly constituted formal meeting, due to several factors: failure to secure at least one third of the members to call an SGM, insufficient notice given, and no vote being taken at the legally constituted Board of Directors of ASA.

These are different reasons than what is actually in the legal opinion.
 

26 May 2010

Mr Charpentier sends an ‘Important Update to all Members of the Alberta Soccer Association’ in it he restates:
  • the ASA Board (Jan 2010) position that the SGM is invalid,
  • that the CSA recognizes the Jan 2010 elected Board,
  • that Mr Billings is suspended.
He also brings attention to a planned 29 May Town Hall meeting in Nisku. He indicates that Mr Billings may actively encourage member associations to withhold fees due June 1st.

He states that if fees are withheld it:
 ‘would lead to cancellation of any accredited tournaments or travel by any club withholding dues, according to CSA and FIFA rules. ’



In this release Mr Charpentier makes reference to fees being due June 1st.
 

28 May 2010

Ole Jacobsen sends a letter to the ASA membership:

" The 1st Vice President of ASA (Ole Jacobsen) until Jan 2010 had no knowledge of any investigation of wrong doing by the President of ASA. The 1st Vice President of ASA had no idea of an investigation that would possibly put him in a position of acting President of ASA. To me this is unacceptable for a variety of reasons which I assume that you can all understand. I can only believe that I was excluded because the investigation included me and I would have been accorded the same treatment if I had been re-elected. If not then the only other option is that they held no respect to the members who elected me to this position or to myself. Obviously the respect was given to the newly elected 1st VP."
  
 

29 May 2010

A town hall meeting takes place at the Nisku Inn, Nisku AB. The meeting was open to all member representatives. The letter indicated that:

“The ASA Board of Directors, recognized by the results of the SGM, is seeking to collect input on collectively resolving differences with the current situation, while working to maintain operations of Alberta Soccer Association as we move forward.”

The ASA Board (Jan 2010) calls the meeting ‘unauthorized’ since Mr Billings was suspended.

  



How many people showed up? Did anyone from the ASA Board (Jan 2010) show up?
 

31 May 2010

Mr Billings sends update to ASA members:
  1. announcing confirmation of the April Board with Alberta Registries,
  2. Stating: The definition of ‘Bad Standing’ is not clarified in the ASA Rules and Regulations. Most certainly it does not, nor has it ever, applied to participation in Provincial/National Competitions or access to any of ASA resources.
  3. gives details regarding separate trust account
  
 

1 June 2010

Mr Innes, sends out a media release quoting himself and reiterating Mr Charpentier’s release of 26 May 2010.



This release does not state if members attending the town hall were encouraged to withhold fees.
 

3 June 2010

The CSA issues directive:
  1. stating resolution to issue need to comply with ASA and CSA Bylaws,
  2. maintains it position with current ASA Board elected and confirmed Jan 2010,
  3. summarizing process for both Alberta parties to follow to resolve issues and the Mr Billings to remain suspended until entire process has been resolved.

  
 

4 June 2010

3 PM

Mr Charpentier sends email to ASA staff and ASA Board (Jan 2010) attaching CSA directive from 3 June 2010. Stating:

"From this moment on you are instructed not to communicate with the suspended President. If for whatever reasons you personally do not recognize the authority of the CSA and the legal board of the Alberta Soccer Association we will make the time to ensure that you have your exit interview early next week.  Thank you for your attention to this matter and remember any communication with the suspended President will be considered insubordination."

5 PM

Mr Billings sends email to ASA staff, ASA membership and ASA Boards including and addressing Mr Charpentier's email sent earlier. In it he states:

"This is an unacceptable course of action by Mr. Charpentier, and completely out of line.  It is intended for one means: to bully, intimidate and threaten individuals into complying with the demands of those who refuse to accept their removal by a majority of the Membership on April 24th.  To be making such overt threats to staff members caught in the middle as he is doing is no less than an atrocity."

  







The email here is a screen capture of an email forwarded to me.














The email here is a screen capture of an email forwarded to me.

Mr Billings was not included in Mr Charpentier's email, presumably someone forwarded it to Mr Billings.
 

10 June 2010

Alberta Corporate Registries sends a letter to counsels for both Boards:

..., please note that no further filings of any type with respect to this society will be accepted by Corporate Registry unless the party wishing to file first obtains a court order establishing who the officers and directors are for the society and prohibiting filings by parties other than these officers and directors.
  




It appears that the Corporate Registry was updated in May to reflect the 24 April SGM, then changes were made on June 1st, presumably by the ASA Board (Jan 2010). Registries returned the filing to the state it was prior to the June 1st filing.

NOTE: It appears that a court decision to decide the rightful Board is required regardless of CSA wishes that the courts not be involved.
 

19 June 2010



Possible second hearing date for Mr Billings. Alluded to in the 5 July 2010 letter from ASA Board (Jan 2010) to members.
 

21 June 2010

Alberta Sport, Recreation, Parks and Wildlife Foundation sends a letter to Mr Billings informing him that the Foundation will be withholding all grant payments to the ASA until confirmation that the ASA bank accounts are no longer frozen.
 
 

22 June 2010

Margaret Dunlop and Leanne Crowley are suspended.
Joel Butler is dismissed.

Ms Cahoon emails Mr Charpentier and Mr Billings informing them that that funds will remain in ASA office due to TD freezing ASA account.

  
 

23 June 2010

Ms. Cahoon emails Mr Billings informing him that Mr Charpentier and Ms. Chater had been in the office the day before and had terminated Joel Butler and suspended Margaret Dunlop and Leanne Crowley with pay.




 

24 June 2010

Mr Billings sends an update to ASA members informing them:
  1. On the 22 June Mr Charpentier and Ms Chater dismissed an ASA staff member and suspended two others.
  2. That the CSA President has not contacted Mr Billings.
  3. That Mr Billings, via email, has been requesting a meeting with CSA President for last 2 months.
  4. ASA bank accounts remain frozen.
  5. Bennett-Jones Trust account has sufficient funds for employee salaries till 30 June at a minimum.
  6. On the 23 June they were informed that all grants from Government of Alberta through Alberta Sports, Recreation, Parks and Wildlife Foundation have been suspended. “Due to actions  by those removed on April 24th”
  7. Alberta Registries informed them that on June 10th “those removed on April 24th” attempted to update the registration database.






 

28 June 2010

ASA Board (Jan 2010) legal counsel sends letter to the ASA Board (Apr 2010) legal counsel in response to a 25 June letter sent to their clients.

In this letter they indicate:
  1. that their clients will not 'cease and desist'.
  2. the CSA position,
  3. that despite CSA directive Mr Billings has:
    1. set up trust account to collect member fees,
    2. opened a bank account in ASA name,
    3. filed documents with Alberta Registries,
    4. changed ASA locks without permission,
    5. intimidated staff,
    6. caused ASA accounts to be frozen, and
    7. held himself out to be ASA President

Mr Billings sends a letter (pg 1, pg 2)to Canadian Western Bank informing them of the internal dispute at the ASA and that one or more accounts may have been opened with the bank under the name of the ASA by persons purporting to be the directors of the ASA.
  




Do not have a copy of the letter referred to by Gowling, not sure if it was sent by ASA Board (Apr 2010) or their legal counsel.
 

30 June 2010

CIBC sends letter to legal counsel for both Boards informing them that due to the dispute their account will be frozen. The account will remain frozen for 30 days and thereafter the freeze will be lifted unless a court order exists indicating that the accounts should remain frozen
  
 

5 July 2010


CSA sends a letter to Mr Charpentier, Mr Billings and the ASA Board (Jan 2010), the letter restates that:
  1. Mr Billings is suspended from soccer activities,
  2. Mr Billings meetings and directives during suspension are invalid,
  3. Mr Billing having missed two hearing is suspended until a hearing is arranged,
  4. the CSA is investigating disciplinary action against Mr Billings,
  5. the CSA will immediately act to conduct meetings to resolve financial issues with ASA financial institutions and Gov't Alberta officials.
  6. direct action by ASA membership that negatively impacts the financial standing of the Association will be dealt with according to ASA Bylaws.

Legal counsel for ASA Board(Apr 2010) sends a letter to United Protection Security Group Inc.
Re: Interference with Alberta Soccer Association ("ASA") Employees


ASA Board (Jan 2010) sends a letter to AMSL Teams belonging to Districts who are in 'Bad Standing'.

"As AMSL is a recognized program of the ASA, the ASA Board has made a special dispensation for you to pay your outstanding ASA fees directly to the ASA."

10pm

Fred Kerns on behalf of the ASA Board (Jan 2010) sends a letter to all districts informing them that a number of Tier IV Rural Provincials are to be postponed, reminding members that the payment of membership fees was required July 2nd.


“However the Board does not currently have a reasonable alternative. Provincials cannot proceed in districts that are in bad standing as ASA's liability insurance coverage, which covers all members and their participants, is automatically revoked by the insurer for members declared in bad standing”





























Earlier Mr Charpentier stated fees were due June 1st and if fees are withheld it "would lead to cancellation of any accredited tournaments or travel by any club withholding dues, according to CSA and FIFA rules."

 

6 July 2010

Mr Billings sends a communication update to the ASA members stating:
  1. No Districts are in bad standing regardless of where fees were paid.
  2. That no ASA Board(Jan 2010) member have the authority to cancel or postpone Provincials.
  3. Insurance has been paid.
  4. That the ASA Board(Jan 2010) has no authority to fire or suspend staff.
  

7 July 2010

The ASA Board (Apr 2010) sends out a communication to all members that the Rural Provincials will go ahead as planned and that no member of the ASA Board (Jan 2010) has the authority to postpone the Provincials. They also state that insurance has been paid and is in good standing.

Mr Charpentier sends a letter to the ASA Referee Standing Committee informing them:

... at a meeting of the Board of Directors on June 21st, 2010, Mr Robert Hayne, Director of the ASA, was requested and approved by the board to assume the chair of the RSC effective immediately.
  
   
 

8 July 2010

ASA sends a letter to the CASA district acknowledging receipt of their 2010 Outdoor fees and informing the CASA that the ASA cannot accept payment after July 2nd from districts that are currently in bad standing.

EDSA Execuitve Director sends an email to ASA:
  • money was sent to ASA offices 30 May but was subsequently returned
  • If the ASA has not received AMSL fees from our Association, it is because we have not been invoiced for AMSL fees.
  
 

9 July 2010

ASA Board (Apr 2010) files a statement of claim in Edmonton Court of Queen's Bench against ASA Board (Jan 2010).

The ASA Board (Apr2010) asks the court to have both sides stand down and turn over day-to-day operations to "interim caretakers" until a new board can be elected at a special general meeting.

Additionally they request a judgment: that the ASA Board (Apr 2010) has been the ASA directors since their election at a special general meeting April 24 and that

"any dismissal, suspension or disciplinary actions taken by the defendants with respect to any employees or staff of the ASA are void and of no effect."


  
 

9-11 July 2010 - Rural Tier IV Provincials

Provincials go ahead.
  
 

12 July 2010

ASA accountant Anita Cahoon is fired by ASA Board (Jan 2010).
  
 

13 July 2010

ASA Board (Apr 2010) files Notice of Motion and Mr Billings Affidavit.

Three soccer districts (Sunny South, Central Alberta and Edmonton District) initiate legal action against both boards, seeking a declaration that the Billings group be declared the rightful board or in the alternative, winding up the ASA as it exists and holding a new election of officers.
  
 

14 July 2010

ASA Board (Apr 2010) sends out communication update advising:
  1. they believe they have an agreement in principle
  2. they "have been informed by counsel for the 'Charpentier group' that they decided last night to 'restore' the member associations who had been declared 'suspended' for not having paid fees directly to that group.
  






When did 'in bad standing' become 'suspended'?
 

16-18 July 2010 - Cities Tier IV Provincials and U12

Tournament proceeds but with some confusion about locations of games.

  
 

17 July 2010

Alberta Courts makes decision to appoint Khalid Abdu-Khalil and Nicholas Goddard as caretakers of the ASA.

Khalil and Goddard may consult Les Hodges, who represents the Billings board, and Jeff DuBerger, a member of the Charpentier board.

All ASA money held in trust in other accounts are to be placed in regular ASA accounts. Only the caretakers can access the funds.

Court adjourns the action filed by the 3 districts until Aug 13th (on or about)
  
 

20 July 2010

CSA sends a letter to legal counsel for the 3 Districts and the ASA Board (Apr 2010)
 
"In the event steps are not taken to terminate the proceedings by the end of business day on Wednesday, July 21, 2010, the CSA will commence disciplinary proceedings."

"The CSA continues to recognize the board of directors that was elected at the AGM of the ASA in January 2010 as provided for in the by-laws of the ASA. Given the events that have transpired and FIFA's advice to the CSA, it is the position of the CSA that there is no dispute, between parties with standing, to be submitted to the alternative dispute resolution pursuant to the by-laws of any of the ASA, the CSA or FIFA.
  









If I read this correctly the CSA has closed off the possibility of alternative dispute resolution.
   
 

30 July 2010

ASA Technical Director, Mr Neil Turnbull informs District Membership that today is his last day at ASA.
  



Posted with Mr Turnbull's permission.
 

3 Aug 2010

EMSA Vice-President Ivan Magdee sends email to EMSA zone:

All of you had been receiving emails with some information. Parts are true other parts omit sections or showcase misinformation. To make sure all of you have the right information I feel compelled to send this email, as I have been a firsthand witness to all of the goings on in our province.
  




The email was in response to an email I had sent the EMSA zone boards
 

12 Aug 2010

Application is made and granted to extend the Interim Order until 25 Aug 2010
  
 

25 Aug 2010

Documents filed:

 ASA Board (Apr 2010)
(Action 1003 11662)
  ASA Board (Jan 2010)  Districts
(Action 1003 11792)
 Statement of Claim
    
 Notice of Motion
    
 Billings Affidavit
    Originating Notice

 Hayne July Affidavit
Part 1, Part 2, Part 3
  
  Brief of the Plaintiffs Defence Brief
  Brief of Applicants
   
  Harry Grewal Affidavit
Part 1, Part 2
   Reply Brief of Defendants  Karl Jevne Affidavit
   Supplemental Affidavit of Robert Hayne  Michael Thome Affidavit
     John Voorhorst Affidavit
   EMSA and CMSA Brief  
   Magdee Affidavit  
   Steen Affidavit  
 Response Brief of the Plaintiffs    Reply Brief of Applicants
 Supplemental Affidavit of Christopher Billings    


Interim Caretakers made application to the court for a decision regarding Joel Butler, Leanne Crowley and Margaret Dunlop. Including Nick Goddard affidavit.


The Judge has reserved his decision until Sept 14th.

  
 

26 Aug 2010

CSA notifies Mr Billings of a disciplinary hearing to be held at 2:00 pm on September 14, 2010, in the Captain’s Room at the Ramada Edmonton International Airport .

  
 

14 Sept 2010

The Judge collected documentation from Mr Cranston and will make all sides of the dispute aware of his decision sometime in the future.

CSA held a disciplinary hearing for Mr Billings. Mr Billings did not attend. notes of hearing here.

Legal counsel for the Interim caretakers sent a letter to all legal counsels involved in the dispute. The letter proposes a list of individuals, in addition to themselves, who be in attendance to represent the Alberta Soccer Association at the CSA Nationals.
Steven Dundas - Program Director Lethbridge Soccer
Dave Randall    - Coach of FC Edmonton
David McCarthy - Coaching Development Coordinator of Alberta Soccer
Billy Dunlop       - Alberta Select Team U14 Boys Head Coach
Preben Bossen- President of Northwest Peace Soccer
Chris Spaidal    - Executive Director of Grande Prairie Soccer


 
 

15 Sept 2010

CSA letter to Interim caretakers re: Head of Delegation appointments must be from ASA Board of January 2010.

  
 

27 Sept 2010

Notice of decision of disciplinary hearing re: CSA v Billings.

Letter from Angus Smith of the Calgary Soccer Federation to Justice W.A. Tilleman requesting adherence to CSA directive re: Head of Delegation at Nationals.

It has come to our attention that the upcoming Canadian Soccer Association (CSA), National Championships (Nationals) and the Alberta team's participation may be impacted negatively by the decisions of the Interim Caretakers of ASA. The decision to send representatives on behalf of ASA that are not recognized by CSA puts Alberta's participation at National's into question.


  
 

28 Sept 2010

Decision of Justice A.W.Germain regarding attendance of ASA board members as Head of Delegation at CSA Nationals.

  1. No member, appointee, agent or representative of the Alternate Boards may attend at the Canadian Soccer Association ("CSA") nationals 2010 as a representative of the Alberta Soccer Association ("ASA").
  2. Further the Interim Caretakers shall have the sole authority, at their discretion, to appoint those representatives to attend at the CSA Nationals 2010 on behalf of ASA.

  
 

30 Sept 2010

CSA informs the Interim Caretakers that representatives sent by the Caretakers will not be given delegate status

  
 

20 Oct 2010

CSA sends Notice of Disciplinary Hearing to Shauna Aab, Danny Bowie, Les Hodges and Mike Troke.
  
 

8 Nov 2010

CSA sends a letter to the originators of action 1003-11792 (The Districts) giving them final notice to withdraw legal action by Nov 12, 2010. Failure to withdraw legal action will result in sanctions to each of the parties as the CSA deems fit.
  

18 Nov 2010

Justice Tilleman's final decision on actions 1003-11662 and 1003-11792.
  • No decision on validity of the suspension of Mr Billings as Mr Billings did not exhaust all internal processes,
  • 9am SGM is a nullity because the President does not have power to call an SGM
  • Recognizes the Board from Jan 2010 as the ASA Board.
  • Additionally, Justice Tilleman orders the following paragraphs to be posted on the Alberta Soccer Association website:

[64] In result with the 9:00 a.m. (Billings) and 1:00 p.m. (Charpentier) meetings both being a nullity. I am vacating the actions or decisions of either "Board" and issuing a declaration that the only board of the ASA in effect, today, is the ASA Board constituted back on January 10, 2010 Annual General Meeting. What this means is, with the exception of the external managers' assistance, the ASA Board from the date of April 24, 2010 to today's date, was not legally capable of accomplishing anything.

Going Forward

[65] Under the ASA bylaws an Annual General Meeting must be convened before the end of January, 2011. At that time, the membership of the ASA will have an opportunity to elect a Board and put this unfortunate period of uncertainty behind them. In view of the brief period of time between the date of this judgement and the next Annual General Meeting, I would hope and indeed expect that the Board will conduct itself judiciously, mindful of the fractured state of the Association and sensitive to the antipathies that the proceedings have provoked amongst it's 80,000 members that deserve better. In the event that difficulties arise out of the calling of the next Annual General Meeting, or the conduct of the ASA in this interim period, or should the January 10, 2010 Board wish me to rule on the ASA being wound-up immediately, the parties are directed to bring the matter back to me.

23 Nov 2010

CSA Executive approves motion to call John Voorhost, Mike Thome and Karl Jevne before a Disciplinary Panel. Minutes

26 Nov 2010

Joel Bulter, Margaret Dunlop and Dave McCarthy were let go from the ASA.

6 Dec 2010

CSA holds hearing for Shauna Aab, Danny Bowie, Les Hodges and Mike Troke.
The committee reserves its decision.

6-7 Dec 2010

Nine member districts and 2 district associations petition the ASA for a second SGM.


CSA sends letter to ASA Board of Directors:

Following the recent events in Alberta, The Canadian Soccer Association would like to reaffirm its recognition of the Alberta Soccer Association and its Board of Directors.

The Canadian Soccer Association would also like to remind the Alberta Soccer Association of its obligation to continue to follow and execute its By-Laws and Rules and Regulations, including all judicial processes outlined therein for any breach by any of its members.



It appears that an initial petition was sent on the 6 Dec 2010 and this one is an update that has added Tri-county and Sherwood Park sent on the 7 Dec 2010.


Although dated the 6 Dec 2010 the PDF properties indicate that the PDF was created 2:17am on 7 Dec 2010.

8 Dec 2010

ASA Board of Directors posts a letter to its membership on their website.

The board of directors of the Alberta Soccer Association has over the past number of months been subjected to harassment, personal attacks and threats of violence and physical harm. Our family members, including children, have also been targeted. Our only solace is our belief that these acts do not reflect the views or approach of the vast majority of our members. However, the individuals who act in this manner continue to be incited by misleading and false information being disseminated, including newspaper articles written with such disregard for the facts that it can only constitute an intentional attempt to incite hatred and violence against the board and our families.
  

14 Dec 2010

The ASA Board of Directors filed an application by the defendants on action 1003-11662.

  • The ASA AGM be rescheduled to be held not later that the last day of June 2011;
  • In the alternative, waiving the necessity of presentation of the ASA 's budget or its audited financial statements at the Jan 2011 AGM;
  • ...
  • Providing advice and directions regarding the SGM being the subject matter of the petition attached as Exhibit 2 to the Affidavit of Coliin Innes, dated Dec 13, 2010
The grounds for the application are that there is insufficient time to prepare the budget and audited financial statements before the Jan 2011 AGM as the interim care takers did not start preparations in time.

The application is submitted along with an Affidavit of Colin Innes, Finance Director.
Exhibit #1 - 1998 By-Laws
Exhibit #2 - SGM Petition

  




















The petition included in the Affidavit is missing the signatures from Tri-County and SPDSA.

15 Dec 2010

At a chambers hearing on Wednesday, December 15, before Mr. Justice W.A. Tilleman, in response to an application (the "Application) brought by the Alberta Soccer Association (The "ASA"), Mr. Justice Tilleman gave the following directions:
  1. The ASA shall send to all those active and associate members of the ASA, as defined in Article 4 of the By-Laws, notice of the application and the supporting materials at the application.
  2. Any such active or associate member (but not individual members) shall be at liberty to file with the court, by not later than 4:30 on December 22, 2010, a sworn affidavit setting out the position of that member respecting the relief sought by the ASA in the application.
  3. Any such affidavits may be filed by fax with the clerk of the court (Fax # 780-422-9742) in Edmonton in Action # 1003-11662 together with a note directing that the affidavit be delivered to the attention of Mr. Justice W.A. Tilleman.
  4. The decision of Justice Tilleman has, otherwise, been reserved but will be rendered by not later than 4:30 on Friday, December 31, 2010.
John Voorhorst, Karl Jevne and Mike Thome file a motion in the Alberta Courts to halt the discipline action commenced by the CSA. In the motion they seek:
  1. An order setting aside the decision by the CSA to commence disciplinary proceedings against the applicants.
  2. An order setting aside the notices of disciplinary hearings.
  

18 Dec 2010

CSA General Secretary Peter Montopoli files an affidavit with the Alberta Courts as part of the court action of John Voorhorst, Mike Thome and Karl Jevne  vs CSA.

Affidavit
Exhibit A - CSA Executive Meetin minutes - Nov 23, 2010
Exhibit B - CSA Board Meeting minutes - Dec 4-5, 2010
Exhibit F - CSA Memorandum of Association
Exhibit G - CSA Rules Section 11

  


Other exhibits referenced in the affidavit are in other areas of this site.

21 Dec 2010

Mr Ivan Magdee files an affidavit with the court.
  • To the best of EMSA's knowledge the AGM has not been called yet;
  • EMSA has no objections to postponing the AGM until audited financial statements are ready;
  • EMSA's position with respect to the petitionis that the SGM requested ought not be called  as all the substantive resolutions set out in the petition are improper.
  • EMSA understands that there is no formal application before this court to wind up the ASA, but the ASA has sought advice and directions regarding a possible winding-up. In EMSA's view, the ASA ought to be wound up.
Mr Joel Butler files an affidavit with the court.
  • As part of my duties at the ASA, I was involved in booking the facility for the 2011 ASA AGM. I received confirmation on March 10, 2010, of our AGM booking reservation at the Delta Calgary South Hotel for January, 21, 2011. Attached to my affidavit and marked as "Exhibit 2" is a copy of the Delta Calgary South contract.
  • I have read the papers of the Defendants' application which was heard on December 15, 2010. I understand that the Board does not believe a budget or financial statements for the Association can be prepared in time for the January 21, 2011 AGM. However, I attended a staff meeting on September 13, 2010, along with .... where Nick advised that all departments were to prepare their own budgets and submit them to Khalid Abdu-Khalil. Mr Abdu-Khalil would thenn put the budget together and would also put a package together for each member district. Attached to my affidavit and marked as "Exhibit 5" is a copy of the email dated September 16, 2010 distributing the September 13, 2010 minutes to the staff. In addition, attached to my affidavit and marked as "Exhibit 6" is a copy of the minutes of the ASA staff meeting of September 13, 2010.
















Mr Butler's affidavit addresses statements found in Mr Innes affidavit:

As Director of Finance, and upon resuming my duties in that position, I learned that no work had been undertaken to begin preparing a budget for 2011 and that the ASA's auditors, KPMG, had not been asked to begin the audit work required to present audited financial statements at the January 2011 AGM.

22 Dec 2010

Mr Danny Bowie files an affidavit with the court.

Mr John Matemisz files an affidavit with the court

Mr Innes files a supplemental affidavit with the court.

Krys affidavit filed with courts. The affidavit contains a SGM request for Jan 21st. There are minor changes to this SGM request.

ASA Executive Director Richard Adams sends a letter to members.

Dear ASA Membership,
I hope this letter finds you well as the holiday season approaches. I am writing this letter to clarify the ASA Board of Director’s (BOD) position regarding the two SGM requests they received on the following dates:
1. December 6, 2010 from Mike Thome (EDSA Executive Director), signed by eight districts (with two additional signatures sent on December 7, 2010).
2. December 21, 2010 from Annette Cameron (ADSA President), signed by nine districts (with one additional signature sent on December 22, 2010).

As per ASA by-laws (Article 8.2), the BOD has 30 days after receiving a petition to call an SGM. This means the first request must be acknowledged by January 5, 2011 and the second request by January 20, 2011.

28 Dec 2010

ASA issues Disciplinary Notices to CASA and presumably EDSA and Sunny South.

You are hereby accused of a breech of the ASA By-Laws, Article 32 and ASA Rules and Regulations 9 section C subsection (d) and are required to attend an ASA Discipline Committee Hearing to review these allegations.
 

03 Jan 2011

ASA board issues letter explaining financial impact of dispute.		  

04 Jan 2011

ASA membership responds to ASA letter. Email part 1, part 2, attachment.
  

06 Jan 2011

Justice Tilleman makes his decision regarding the current ASA board's request to delay the AGM and request for advice re: SGM and winding up the ASA.

  • SGM to be held 21 Jan 2011
  • AGM to be held by end of April 2011
  • Justice feels winding up looking more possible,
"As for winding up, if a new board of directors is elected at the SGM there is some hope with new people, the winding up will not be necessary. Regardless, if a winding up is necessary I direct the parties to come back in front of me as early as possible in February 2011, to end the ASA as it now stands, along with the explicit admission of failure defined by such an event at the hands of those who were placed in a position to avoid it."

ASA board posts response to Dec 5th SGM petition on the ASA Website. In it they address the reasons for the grounds for the resolutions.
  


















It should be noted that these are not the same reasons listed in the SGM petition of Dec 21st.

10 Jan 2011

CSA President Dominique Maestracci sends a letter to the Board of Directors of the ASA.

During this meeting, the members can have a vote of non-confidence. No where within the By-laws of The Canadian Soccer Association (CSA) or ASA is there any mention that Board of Directors may be removed from office due to the membership not having confidence in them.

FIFA Director of Legal Affairs was very clear that the members of the Board can be elected only at Annual General Meetings. This means that no elections can take place at Special General Meetings. At the 2011 Annual General Meeting of the ASA, the five members elected in 2009 may be replaced. Those Directors elected in 2010 must finish their term in 2012.
 
  

11 Jan 2011

The ASA sends members notification of the SGM to be held on 21 Jan 2011.
  

12 Jan 2011

Petitioning members of the ASA publish letter to ASA membership along with a letter outlining the reasons for the Dec 5th resolutions.
  

15 Jan 2011


ASA Hearing panel meets and refuses to hear presentation of CASA,EDSA,SSDSA legal counsel.

20 Jan 2011

The three districts that were required to attend an ASA Discipline hearing go to court to obtain permission to attend and vote at the 21 Jan 2011 SGM.

Transcript
Judicial Review Order
  

21 Jan 2011

The SGM members of the ASA petition is held at the Coast Edmonton Hotel.

All directors are removed by resolution.
Amendment to the Bylaws is passed.
Ray Calvin, Scott Chen and Richard Adams are remaining board members.

Transcript of meeting is made available.
  

4 March 2011


Alberta Court of Appeals issues its decision regarding the CSA Disciplinary Panel.
The Court states the following:

 [12] Combining the respondent's demand to exhaust all internal appeals with its proposal (carried out in parallel proceedings) to exclude from all governance in the interim, creates real danger. It is that the respondent's victories will become permanent in all but name.

[16] Everyone in Canada has a constitutional right of access to Her Majesty's courts as a litigant or as a witness. The punishment impending here (and imposed against the other litigants in the parallel proceedings) is for doing just that. Public policy dictates weighing that when considering the balance of convenience.

[18] One must note s. 139(3) of the Criminal Code on obstruction of justice by attempting to dissuade someone from giving evidence, by means of threats.

[19] We must emphasize that the issue here is not merely litigating in some forum topics such as who has jurisdiction, or when proceedings are premature. This is a question of express threats to harm someone for going to court or acting as a witness in court. Or of punishing him for having done so and (partly) won.

[20] This is not judicial review of a jurisdiction decision, still less judicial review of a decision on the merits of an election. It is judicial review of punishment for merely having gone to court. The respondent is going beyond supervising court, which would be upside down. It is emasculating the superior court.
  



In this action the Respondent is the CSA.