Supreme Court Rules 2000

If a society is the defendant to an action, judgment is not to be entered against it unless the cause of action is one in respect of which it would have been liable as principal were it a corporation.

Subrule (1) does not apply to a judgment establishing the right of a person as a member of the society and restraining the exclusion of that person from the rights, benefits and privileges of membership.

In an action instituted under rule 319 in which an officer of the society is joined in the action otherwise than as a formal codefendant and the claim referred to in that rule against the officer succeeds, judgment is to be entered against the officer.

Subject to rule 331, in an action instituted under rule 319, judgment is to be entered against a society alone as if it were a corporation if – no officer of the society is joined in the action otherwise than as a formal codefendant, and judgment is given or is to be entered for the plaintiff; or an officer of the society is joined in the action otherwise than as a formal codefendant and the claim against the officer fails, but judgment is given or is to be entered for the plaintiff.