Judge provides important clarity on General Meeting of Members
On August 2, 2016, the Ontario Association of Radiologists (OAR) challenged in court the way in which the OMA called and intended to conduct the General Meeting of Members.
Judge provides important clarity on General Meeting of Members
On August 2, 2016, the Ontario Association of Radiologists (OAR) challenged in court the way in which the OMA called and intended to conduct the General Meeting of Members.
August 4, 2016

On August 2, 2016, the Ontario Association of Radiologists (OAR) challenged in court the way in which the OMA called and intended to conduct the General Meeting of Members. The judge dismissed all of these complaints but one, allowing the OMA to proceed with the meeting as originally planned, and providing important clarity on what members are being asked to vote on at the meeting.

Today, the judge released his full judgement. It’s critical that members have all the facts.

  • As a result of the OAR’s legal action, the prior form of proxy is no longer valid and any proxies submitted on that form will not be counted. A new form of proxy has been issued with three resolutions.
  • The language for the resolution asking members to vote FOR or AGAINST the tentative PSA did not change.
  • The judge found that revised versions of the additional resolutions should be added to a new, revised proxy form. These revisions were made in response to concerns raised by the OMA in court regarding the wording of the resolutions.
  • The judge dismissed the OAR’s request that the Notice of Meeting be reissued. In fact, the judge said he saw “no merit in any of these submissions” and that there is no “cause for complaint about the notice of meeting distributed by the OMA.”
  • The judge dismissed the OAR’s request that Dr. Hudak be removed as chair of the meeting and replaced with an “independent” chair. The judge instead said “Dr. Hudak is qualified to be the chair of the general meeting and indeed it may be the case that he is required to be the chair of the meeting.”

Quick Facts:

  • No one on either side is challenging the fact that the central issue before the members is ratification of the tentative PSA, which was highlighted on the original form of proxy. Further, the judge made certain fundamental changes to the wording of the other two resolutions proposed by OAR before they were included on the proxy form.
  • The OMA welcomes the court’s clarification and revisions to the petitioners’ resolutions. These revisions were made in response to the concerns that the OMA raised in court regarding the wording of the resolutions.
  • In fact, the OMA has already issued a revised proxy form that incorporates the judge’s conclusions.
  • The Executive Committee of the OMA’s Board of Directors is recommending that members vote ‘YES’ to all three resolutions. Members’ views, as expressed in the results of the votes on the new resolutions, will provide valuable guidance on how the OMA should conduct future negotiations.

-30-

For more information, please contact:

OMA Media Relations at 416-340-2862 or toll-free at 1-800-268-7215, ext. 2862
Email: media@oma.org