Issues addressed by the decision:

Suspension of Mr Billings

    The court will not rule on the suspension of Mr Billings as he did not avail himself of all possible 'internal' processes.

    para 31,32,33,34,35,62

SGM 9am

    The court ruled that the 9am SGM was a nullity primarily because it was not called by the ASA Board and additionally because accreditation and quorum requirements were not met.
    para 46 - 61

    Additionally the court did not accept the EMSA and the CMSA arguments that the ASA consists of 24 Active members. (The EMSA and CMSA contend that the Districts of Calgary and Edmonton are in fact represented by 7 local associations, which are Provincial Leagues and therefore Active Members of the ASA.)
    para 59-60

The CSA prohibition of use of ordinary courts

    The court found it ".. difficult to believe that an organization like the CSA or FIFA is the sole adjudicator (due to its exclusionary clause) not merely of an internal disiplinary matter, but the stability and continuance of a statutory body itself created under Alberta's corporate laws. Where the latter fact situation arises, ie. a review of the very existence of a society - as it does here, it is contrary to public policy to have the CSA, or any other body without legislative powers, to entirely oust the jurisdiction of the Superior Courts."
    para 39

Who is the current Board

    The current board is the Boad elected in 10 January 2010.
    para 64



Added 18-Nov-2010 - Final Decision of Justice Tilleman

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Now what?

Although a final decision has been made the underlying issues have not been resolved. We are obviously a soccer community that is dysfunctional. Power plays, turf wars and court battles have been the norm in the province for far too long. We need to put this to an end so we can concentrate on the sport. When I read the forums and talk to others in the soccer community the tendency is for people to suggest one of two options:

Option #1 - Another SGM to hold new elections for all board positions.

The court held that the SGM was invalid on procedure. It is time for another one. There are a total of 21 Members (18 Active and 3 Associate), 7 of which need to sign a petition requesting a SGM. With the exception of Ms. Chater every single remaining board member is from Calgary or Edmonton, if you assume that their Districts will not send a delegate to the SGM you are still left with 19 Members from which only 14 are required to achieve quorum. That should be easy to do if the original 10 Active Member signatories (not counting EDSA and EIYSA) + any 4 of: Lakeland, Ft McMurray, Northwest Peace, Lethbridge, Sherwood Park, Medicine Hat and the 3 Associate Members attend. I would also suggest that the special resolutions stated in the original petition remain except for updates to resolutions to remove Directors who have since resigned.

Option #2 - Dissolve the ASA and start over.

Petition the courts to dissolve the ASA. This is the ultimate do-over. Maybe it is time to wipe the slate of this hierarchical organization that currently exists as it appears to facilitate power plays and intrigue at the expense of our players. Maybe the members of a new Soccer Alberta should be those organizations that actually register players. Lets have the members be the ones who actually deal face to face with our players. Check out the Manitoba Soccer Association bylaws

Article 8: Any amateur club, in an affiliated Member League or Association, may be approved for affiliation as a Regular Member by the Board, at any time, upon submission of the prescribed application form, an annual fee and any other information that may be required by the Association.

To me if you deal with the players and are registered with Alberta Registries you should be able to be a member of the Provincial body for your sport and be able to have a vote.