Facts: The case involves a dispute over the sale of a property, with Mr. Ibrahim and 0928234 B.C. Ltd. (plaintiffs) providing real estate services and financing. They alleged a business and employee relationship with the seller, Ms. Pour-Nasrollah, claiming entitlement to compensation despite not having a real estate license. A contract was made with Mr. and Mrs. Shivji (defendants) to purchase the property, but a third-party offer led to complications.
Issue: The main issues were whether the plaintiffs could claim compensation for real estate services without a license, and if their actions constituted a breach of contract or resulted in unjust enrichment.
Court’s Ruling: The court struck out the claim for compensation for real estate services, as Mr. Ibrahim was not licensed to provide these services and thus could not legally claim compensation. The court also dismissed allegations of conspiracy and abuse of process but allowed an amendment to the pleadings to potentially include other actionable considerations.
Costs/Damages Awarded: The court ordered the plaintiffs to post security for costs amounting to $35,000. If not posted within 45 days, the proceedings against the applicants would be stayed. The applicants were largely successful in their application and were entitled to their costs, although the exact amount was not specified in the provided excerpts.
