27 Sep 2023
1000249084 Ontario Inc. v. Andazesgishahr
In the case of 1000249084 Ontario Inc. v. Andazesgishahr, dated September 27, 2023, Mansour Shamispour and the defendant, Payam Shahri, had been business partners and friends. They had jointly purchased and renovated a luxury home, with Payam holding the property title. Mansour had a 50% beneficial interest in the home, and their agreement stipulated that neither could sell the property without the other's consent. However, their relationship had deteriorated as Payam had wanted to sell the home to cover the mortgages, while Mansour had disagreed. This dispute had led to legal proceedings between them.
When a second mortgage with Community Trust Company had gone into default, the plaintiff, 1000249084 Ontario Inc., which was wholly owned by Mansour's son, Reza Shamsipour, had paid off the mortgage and acquired it. The company had sought a court order for judgment and sale of the property through summary judgment.
Payam had contended that the court should deny the Plaintiff's summary judgment because he had believed that Mansour, who had controlled the Plaintiff, had engineered the buy-out of the Second Mortgage to gain an unfair advantage in their dispute over the Property.
In the end, the court had granted the Plaintiff Judgment in the amount of $567,767.25, with post-judgment interest, as well as an Order for possession of the property, ruling in favor of the Plaintiff in the dispute between Mansour and Payam.