Court File and Parties

Citation: Syed v. Choudry, 2016 ONSC 1188

Court File No.: 1551/15

Date: 2016-02-17

Superior Court of Justice - Ontario

Re: ASAD ALI SYED, SHAHID MUBEEN, JAMEEL ALAVI and CHRISTOPHER DANIEL BRAUN, Applicants,

And: SHOUKAT CHOUDRY, EHAB MAHTAR, MUSLEHUDDIN MUZAMMIL, KHAMIS DOKA, NIGHAT PARVEEN, IQBAL HUSSAIN, SYED ABDUL BASIT, JUNAID KAYANI, MASOOD PEHLVI and ZIYAAD VAHED, Respondents,

Before: Gray J.

Counsel: Shahzad Siddiqui, Counsel for the Applicants Ravinder Sawhney, Counsel for the Respondents Robert Martin, Court-appointed independent solicitor

Endorsement

[1] In my endorsement dated February 3, 2016, I invited counsel to file submissions with respect to the Report of Robert Martin, the court-appointed independent solicitor. I also invited submissions on Mr. Martin’s account.

[2] Mr. Martin, as ordered by the court, conducted the election of directors of the Muslim Association of Milton. The election was held on January 24, 2016. Mr. Martin filed his comprehensive Report dated January 29, 2016, in which he outlined the process he followed in conducting the election, and reported on the results of the election. Mr. Martin’s account, which was enclosed with his Report, was in the amount of $17,854.45, inclusive of disbursements and HST.

[3] Neither counsel had any negative comments on the conduct of the election or on Mr. Martin’s report. The only comment about Mr. Martin’s account was Mr. Siddiqui’s suggestion that I should take into account that the Association is a charitable organization.

[4] I have no hesitation in adopting Mr. Martin’s Report in its entirety, and accordingly I order that the following persons be confirmed as directors of the Muslim Association of Milton, for a five-year term commencing January 24, 2016:

a) Syed Abdul Basit;

b) Musleh Uddin Muzammil;

c) Masood Siddiqui;

d) Omer Amin;

e) Ehab Matar.

[5] I also have no hesitation in approving Mr. Martin’s account in full. I have taken into account Mr. Siddiqui’s observation that the Association is a charitable organization. However, Mr. Martin performed a valuable service to the members of the Association, who now benefit from an election that was held in a manner that is above reproach. It is important that senior members of the bar, such as Mr. Martin, be encouraged to step forward and assist when requested by the court, and it is essential that when this occurs he be fairly compensated. Mr. Martin’s account is very reasonable, and I order that it be paid in full.

[6] I request both counsel, as officers of the court, to facilitate payment of Mr. Martin’s account by the Association as soon as possible. In the unlikely event that his account is not paid within 30 days, I invite Mr. Martin to contact me and I will determine what additional steps need to be taken in order to ensure that his account is paid.

[7] I wish to express my own appreciation to Mr. Martin for the services he has rendered not only to the Association and its members but to the court.

Gray J.

Date: February 17, 2016