Ghani v Islamic Association of Saskatchewan (Saskatoon) Inc
Sohail Ghani
Law Firm / Organization
W Law LLP
Lawyer(s)

Adam R. Touet

Muhammad Ghousuddin
Law Firm / Organization
W Law LLP
Lawyer(s)

Adam R. Touet

Islamic Association of Saskatchewan (Saskatoon) Inc.
Law Firm / Organization
Scharfstein LLP
Mohamed Hajinoor
Law Firm / Organization
Scharfstein LLP
Anjum Saeed
Law Firm / Organization
Scharfstein LLP
Ileana Dawoud
Law Firm / Organization
Scharfstein LLP
Abubaker Hassan
Law Firm / Organization
Scharfstein LLP
Ahmed Said Abdel-Hameid Shoker
Law Firm / Organization
Scharfstein LLP

Case Overview:
Sohail Ghani and Muhammad Ghousuddin, members of the Islamic Association of Saskatchewan (Saskatoon) Inc. (IAS), sought legal remedies after the IAS board of directors failed to implement a resolution passed at the 2023 Annual General Meeting (AGM). The resolution called for the reinstatement of Imam Ilyas Sidyot, whose employment had been terminated following allegations of theft and misappropriation of property.

Legal Issues and Arguments:
The applicants alleged the board's refusal to implement the resolution was oppressive, unfairly prejudicial, and disregarded their interests under The Non-profit Corporations Act, 2022. They sought:

  1. An oppression remedy requiring the resolution’s implementation.
  2. A permanent mandatory injunction to reinstate Mr. Sidyot.

The IAS board argued that the resolution was advisory, and that management decisions, including employment matters, fell solely within the board's authority.

Court’s Decision:
The court dismissed the application, finding that:

  • The applicants had no reasonable expectation that the resolution would bind the board.
  • Corporate law principles grant management authority to directors, not members.
  • The requested remedies, including reinstatement, were inappropriate given ongoing disputes and the allegations against Mr. Sidyot.

Costs:
The court deferred the determination of costs pending the filing of any new applications related to the AGM’s processes within 30 days. No monetary awards were granted in this decision.

Court of King's Bench for Saskatchewan
KBG-SA-00417-2024
Corporate & commercial law
Respondent