FORM 10 [RULE 3,251 DEC 2 2 2016 JUDICIAL CENTRE OF CALGARY COURT FILE NUMBER COURT JUDICIAL CENTRE PLAINTIFFS DEFENDANTS DOCUMENT ADDRESS FOR SERVICE AND CONTACT INFORMATION OF PARTY FILING THIS DOCUMENT NOTICE TO DEFENDANTS COURT OF QUEEN'S BENCH OF ALBERTA CALGARY MUSLIM COUNSEL OF CALGARY, MUSLIM COMMUNITY FOUNDATION OF CALGARY, MUSLIM ASSOCIATION OF CALGARY MAHMOUD MOURRA and MOHAMED AL- KURDI STATEMENT OF CLAIM BENNETT JONES LLP Barristers and Solicitors 4500 Bankers Hall East 855 2" Street SW Calgary, Alberta T2P 4K7 Attention: Beamer Comfort Telephone No.: 403-298-3676 Fax No.: 403-265-7219 Client File No.: 76908-1 You are being sued. You are a defendant. Go to the end of this document to see what you can do and when you must do it. Note: State below only facts and not evidence (Rule 13.6) Statement of facts relied on: The Parties 1. The MCC is a not-for-profit non-governmental organization established pursuant to the Societies Act, RSA 2000, c S-14, and the guiding body for both the Muslim Association of Calgary (the"mac") and the Muslim Community Foundation of Calgary (the"mcfc").
2 The MCC manages and administers the affairs of the MAC and MCFC, and through this structure owns, leases, and operates several places of worship, Muslim community facilities, and centres of Islamic education throughout and around the City of Calgary. The MCC's objective is to provide religious and community based services across the city for 80,000 Calgary Muslims such as the religious centers, Islamic Schools, Cemetery, social welfare services, religious events, religious counseling and media support. MCC's overall mission is to promote the Islamic way of life and provide leadership and guidance to Calgary's Muslim community. 2. As far as the Plaintiffs are aware, the Defendants Mahmoud Mourra ("Mourra") and Mohamed Al-Kurdi ("Al-Kurdi") are individuals who reside in Calgary, Alberta and former members of the MCC and its governed charitable organizations such as MAC and/or MCFC. Disruption of Polling Station 3. On or about July 17, 2016, Mourra and his associates attempted to disrupt a polling station (the "Polling Station") in the North-West region of Calgary during the 2016 MCC city wide elections. The Polling Station was not in Mr. Mourra's home constituency. Mourra and his associates only left the Polling Station after getting into a heated argument with a security team present at the Polling Station. Disruption of Prayer 4. On July 24, 2016, Mourra and his associates attended a prayer ceremony at a facility operated by the MCC. Mourra then disrupted the ceremony by shouting and physically intimidating the Imam conducting the ceremony. Mourra also made threats against an MCC board member, stating that he would push them from the fourth floor of the building if he did not get what he wanted. This caused a number of people in attendance to have to leave the ceremony.
3 The 2016 Annual General Meeting 5. On August 21, 2016 the MCC convened its 2016 annual general meeting of its members in accordance with its bylaws (the "AGM"). 6. During the AGM, a number of people aggressively approached the directors at the front of the room shouting threats and accusations. Mourra and Al-Kurdi were among the most aggressive members of the group that approached the directors of the MCC. 7. These aggressive actions led to the AGM being disrupted and a large crowd of members gathering in front of the directors table. The MCC attempted to restore order to the AGM and directed the members to return to their seats. Several members of the Calgary Police Service who were in attendance as paid duty officers at the AGM attempted to assist the directors in restoring order to the AGM by escorting some aggressive or violent members of the crowd out of the AGM. 8. After the members of the Calgary Police Service were out of the room and the AGM was returning to a state of order, Mourra and Al-Kurdi escalated their aggression by pushing their way through the crowd to try and engage the directors of the MCC personally. In particular, Mourra approached Mr. Ghazanfar Zafar (a director of the MCC) aggressively shouting, pointing, and slapping him on the shoulder. 9. At this point another director of the MCC, Mr. Mansour Shouman, attempted to separate Mourra and Mr. Zafar, and directed Mourra to return to his seat. At this point, Mourra grabbed Mr. Zafar by the head and neck. At the same time, a crowd gathered around Mr. Shouman and members of the crowd began pulling Mr. Shouman by his arms and shoulders. 10. The crowd gathered around Mr. Shouman, largely incited by Al-Kurdi, began pulling, shoving, and shouting at Mr. Shouman. Al-Kurdi then shoved Mr. Shouman into the crowd surrounding him, causing the crowd to become more aggressive and violent. 1 1. A number of people in the crowd, this time incited by Al-Kurdi and Mourra, began pursuing Mr. Shouman and attempting to grab and strike him. During this confusion:
4 (a) (b) Al-Kurdi reached over another member of the crowd and struck Mr. Shouman in the face with a closed fist; and Mourra went to great lengths to make his way through the crowd and forcefully kick Mr. Shouman, 12. Upon seeing Al-Kurdi and Mourra strike Mr. Shouman other members of the MCC and the Calgary Police Service escorted Al-Kurdi and Mourra out of the AGM. Shortly thereafter, the members of the Calgary Police Service re-entered the AGM to further restore order to the AGM. 13. As a result of the disruption caused by Al-Kurdi, Mourra, and others, the AGM was adjourned, Post AGM Conduct 14. The day following the AGM, the MCC's board of directors posted a notice on its website regarding the disruption of the AGM showing photographs of Al-Kurdi and Mourra in the process of assaulting Mr. Shouman. 15. A few days later, Mourra made an aggressive post to his Facebook page admitting to being one of the persons shown in the photograph assaulting Mr. Shouman and disrupting the AGM. 16. On August 29, 2016, at the next meeting of the MCC's board of directors, the board voted to revoke Al-Kurdi's and Mourra's memberships in the MCC and its governed charitable organizations such as MAC and MCFC. Fear for Safety and Order 17. The Defendants' history of violence including the disruption of the prayer ceremony and the AGM, and the assault of the MCC's board members was harassing, intimidating and inappropriate, and has caused the MCC's board members to be seriously concerned for the community members' safety against violence and concerned that the Defendants will attend and violently disrupt future MCC events and meetings. WSLEGALA076908\00001\17253183v2
5 18. The Defendants' behaviour has also caused the MCC's board members to be highly concerned for their own safety and the safety of other attendees at future MCC meetings and MCC facilities. 19. The Plaintiffs' fears have been aggravated by one of the Defendants' recent celebration of these activities through online posting. Remedy sought: 20. A restraining order enjoining and restricting the Defendants from being within 200 meters of the any member of the MCC's board of directors' or their places of residence, or within 100 metres of any facility owned, leased, or operated by the MCC, and restraining the Defendants from contacting the MCC's board of directors either directly or indirectly. 21. Costs of this action. NOTICE TO THE DEFENDANT(S) You only have a short time to do something to defend yourself against this claim: 20 days if you are served in Alberta 1 month if you are served outside Alberta but in Canada 2 months if you are served outside Canada. You can respond by filing a statement of defence or a demand for notice in the office of the clerk of the Court of Queen's Bench at Calgary, Alberta, AND serving your statement of defence or a demand for notice on the plaintiff s(s') address for service. WARNING If you do not file and serve a statement of defence or a demand for notice within your time period, you risk losing the law suit automatically. If you do not file, or do not serve, or are late in doing either of these things, a court may give a judgment to the plaintiff(s) against you.