Background Facts:

• The dispute arose between 0928234 B.C. Ltd. and Ali Ibrahim (plaintiffs) and Starmark Properties Corp., 0930825 B.C. Ltd., Maryam Pour-Nasrollah, Shima Hashemi (aka Shima Golfeshan), Parham Golfeshan, Shadi Hashemi, and Ali Ashgar Hashemi (defendants).

• The plaintiffs alleged a breach of agreement, but no signed agreement was ever provided in evidence.

• Ibrahim, representing himself, initially obtained default judgment and damages, but Justice Coval (2024 BCSC 615) later set aside the judgment.

• The defendants claimed Ibrahim used litigation as a weapon to force settlements.

Legal Issues:

• The defendants applied for security for costs, arguing Ibrahim had a history of delaying payments and ignoring court orders.

• The court considered the plaintiffs’ ability to pay, merits of the case, and potential prejudice.

• The plaintiffs argued that security for costs would unfairly restrict their ability to litigate.

Court’s Decision:

• $30,000 security for costs was ordered against the plaintiffs.

• The action was stayed until payment, with potential dismissal if unpaid in 14 days.

• A lump sum cost award of $1,000 was granted to the defendants.

Total Costs in Favor of Defendants:

• $30,000 security for costs

• $1,000 lump sum costs for the application

• Existing unpaid costs of $7,042.21