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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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A restraining order was taken out against the volunteer manager

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A restraining order was taken out against the volunteer manager of a local non profit charitable organization, by a person who wanted her job, and convinced the board of directors to replace her with him. The new manager took out a restraining order, and it was signed only by the new manager, to the effect that the old manager could never set foot on corporation property again. A lifetime ban. He also revoked the membership of almost all of the members of the organization. However, the new management has brought the organization to the brink of bankruptcy, and the new manager and board have all resigned, and members want to bring back the old manager to save it. My question is: Can that restraining order, still be enforced even though the new board and manager are now entirely gone with only unelected volunteers left to run it. Out of sheer malice can that new board and manager, even though they are no longer in power, have her charged with breaching the restraining order if she is brought in by the members to try to save the organization?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Legal Ease replied 1 year ago.
Thank you for your question.

Before I begin I want to explain a bit about how the site works.

It may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.Please do not worry that you will be charged additionally if I ask you questions or if you need to ask me questions. That is not at all how the site works.

As well, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

Finally, as we go through the process please do not feel rushed if I ask you a question. You are always free to take your time to gather more information before you post back. As well, please understand that even after you rate me the post will not lock and you could always come back for further clarification if you think of something a bit later on down the road.

When you talk about a restraining order, is this an order from the courts or through the police? Or are you saying the Board told the person he/she could not come back onto the property?
Customer: replied 1 year ago.

I was in error in calling it a restraining order. I was a No Trespass Order. Appears to be on police paper, at least it contains a police logo, but is not signed by any member of the police force or by anyone other than the new manager. It was not done through any court process but appears to have been set up by the incoming board, but it contains no other names than the new Manager. A copy of it was mailed to the recipient by registered mail. The board had no other communication with her that I know of. Our concern in asking her to come back to fix the situation is that we don't want to be responsible for her being charged with trespass. Note: Please note that this was not a restraining order, but a No Trespass Order.

Expert:  Legal Ease replied 1 year ago.
So if there is a new Board in place then why doesn't the new Board simply revoke this No Trespass notice provided by the old Board.

The new Board can pass a motion revoking the notice and send the former manager a letter indicating this has happened and inviting the new manager back.

This is not a court order but a notice that anyone who owns private property can use so that if the person who is banned (this happens in stores all the time with shoplifters) enters the property the police will charge the person with trespass.

Does that make sense?
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 90983
Experience: Lawyer
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