Applicant
Respondent
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:
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:
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
Court of King's Bench for SaskatchewanCase Number
KBG-SA-00417-2024Practice Area
Corporate & commercial lawAmount
Winner
RespondentTrial Start Date
Download documents