Judgments
Farris Lawyers Win at Court of Appeal
The British Columbia Court of Appeal has delivered its reasons for judgment in British Columbia Mainland Cricket Association v. Chowdhury et al. 2026 BCCA 188, overturning a decision of the BC Supreme Court in a win for Farris’s client the BC Mainland Cricket Association, which operates the oldest cricket league in North America. The appeal turned on whether a governing rule adopted by the Association which restricted participants from also playing within a competitor league was contrary to the Association’s constitution and bylaws.
At first instance, the BC Supreme Court found that the rule was invalid, on the basis that it contradicted the Association’s purposes which included “promoting and fostering” the game of cricket. Retained as new counsel on appeal, Farris Partner Kevin Smith and Associate Thomas Rodgers successfully argued for the appellant Association that the chambers judge erred in adopting an unduly narrow reading of the Association’s purposes and by not interpreting the constitution and bylaws holistically. More generally, the case offers important guidance on the principles to be applied by courts in interpreting societies’ governing documents.
Kevin Smith and Thomas Rodgers each have a broad litigation practice, including advising a wide range of charities, societies, and other not-for-profits on contentious and non-contentious matters.