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Move Follows Refusal of Station to Provide All Member Contact Information in Members Register
TORONTO, October 2, 2018 -- A Notice of Application has been filed in the Ontario Superior Court of Justice in Toronto that seeks, among other things, to compel radio station JAZZ.FM91 Inc. to provide email addresses and phone numbers of donor members to Brian Hemming, one of the founders of Save JAZZ.FM91, a group of concerned donors, listeners, musicians and volunteers seeking changes at the station. Mr. Hemming believes he is entitled to this information under the Corporations Act (Ontario) and the by-laws so that he may communicate with fellow donor members on matters relating to the governance of JAZZ.FM 91.
Save JAZZ.FM91 was formed following several newspaper articles documenting allegations of inappropriate behaviour and mismanagement at the station, which allegations were made by a group of then-current and former employees and contractors at the station. Among other things, the effect of the articles was that the station’s two primary sources of revenue, donors and advertisers, began withdrawing support and thereby endangering the survival of the station.
The stated purpose of Save JAZZ.FM91 is “to bring about positive change at JAZZ.FM91 that will ensure the financial and artistic survival of the station.” The group believes the only way to achieve this purpose is to change the current board of directors.
Save JAZZ.FM91 wants to communicate this message to all donor members of JAZZ.FM91 and seek their feedback and ideas. The register of donor members maintained by JAZZ.FM91 Inc. includes email addresses and phone numbers, which the station routinely uses to communicate with members. They were used extensively by the board of directors in the lead-up to the recent annual general meeting of JAZZ.FM91. Although JAZZ.FM91 has cited “privacy laws” as the purported reason to deny Mr. Hemming’s request, it has not provided any reference to such laws despite repeated requests. This litigation was filed as a last resort.
Mr. Hemming said, “We want to communicate with donor members in advance of the next annual meeting, and believe it is only fair that we have an equal way to present our message. Without email addresses and telephone numbers, we cannot effectively do that.”
Additional information about Save JAZZ.FM91 can be found at Save JAZZ.FM91
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