Following the referral, BIA board interim chair and city councillor Sergio Morales was asked by reporters whether there may have been voting irregularities. Morales replied, “Not that I’m aware of.”

“If there were," he added, "we want to make sure they’re addressed.”

Two days later, Morales said that statement still applied.

“We don’t know the scope of the implications; we haven’t asked the lawyer in person yet,” he said. “Do we have an opportunity to remove the individual proxies? We have to take a look. We want to make sure we get that one right.”

The BIA board may meet to discuss the matter Feb. 14, Morales said.

Tuckey and McIntosh said proxy limitations were not clearly set out in voting information packages distributed to BIA members, leading to “numerous” votes being cast on “behalf of individual members all represented by the same proxy."

“Even if proxy voting on behalf of individual members was found to be permissible … a proxy may represent only one individual,” Tuckey and McIntosh said. “The voting package ... did not contain any specific procedural guidance regarding the use and verification of the proxy. Proxy voting on behalf of individuals requires the enactment of a bylaw … approved by the members.”

If the BIA chooses to validate the results, the complainant could file for injunctive relief — a court-ordered act often sought through civil litigation — on the grounds the board contravened its governing rules.

This is the latest event in a remarkable period of turbulence for the BIA, which just hired County of Simcoe economic development officer Kelly McKenna to take over as executive director in early March.

Late last year, Craig Stevens resigned as head staffer after 14 years at the organization. He accepted a position with the RVH Foundation. And six board members (including Ing and Lynch) resigned within months, while two city appointees — councillors Keenan Aylwin and Clare Riepma — were replaced by Morales in October.

The BIA consists of several hundred businesses and property owners. It is responsible for overseeing marketing campaigns, promotion and several special events for the city’s historic core.