The plaintiff, Hossein Aboutaleb-Maragheh, advanced $300,000 USD to the defendant, Payman Khanlari.
The Superior Court of Justice awarded summary judgment against Payman Khanlari for unjust enrichment, ordering him to pay $406,960 CAN.
The claim against Sanam Sarah Khanlari was dismissed.
Appeal Points
Abandonment of Argument:
Payman Khanlari argued he was unfairly treated as a self-represented litigant because the motion judge did not explain the implications of abandoning an argument.
The appeal court rejected this, noting the motion judge described Khanlari as "intelligent, articulate and well-prepared."
Credibility and Factual Determinations:
Khanlari contended that the motion judge erred in granting summary judgment due to unresolved credibility assessments and competing factual determinations.
The appeal court found no error in the motion judge's application of summary judgment principles.
Key Findings
Funds Advancement: The plaintiff advanced $300,000 USD to the appellant.
No Contract: There was no meeting of the minds regarding the terms and conditions for the advancement of the money.
Unjust Enrichment: The motion judge concluded that Khanlari was unjustly enriched by the $300,000 payment.
Appeal Decision
The appeal court agreed with the finding of unjust enrichment but modified the judgment amount.
Payments made by Khanlari to Aboutaleb-Maragheh totaling $26,925 CAN were recognized and deducted from the original judgment.
Revised Judgment: $380,035 CAN in favor of the respondent.
Costs
No costs were awarded on the appeal due to the divided success of the appeal.
