2024 BCSC 718 Decision (Justice Harvey)
- The court ruled in favor of Dr. Nahid Pourtaghi on her counterclaim against Massimo Aki Nouhi for unjust enrichment, awarding her $528,220 CAD (excluding costs and interest).
- Pre-judgment interest was to be calculated at the Registrar’s rates, accruing incrementally over a nine-year period.
- Post-judgment interest was set at the Royal Bank of Canada’s prime lending rate, calculated in six-month increments, due to Nouhi’s refusal to pay.
- Costs: Special costs were awarded to Pourtaghi for the original claim, and costs of the counterclaim were assessed at Scale B times 1.5.
- Nouhi had the ability to pay but chose not to, with the court noting his high net worth and continued litigation tactics.
2025 BCSC 327 Decision (Justice Veenstra)
- This ruling addressed Nouhi’s application to stay the special costs assessment, arguing Pourtaghi failed to comply with document production orders.
- The court denied the stay, referring the matter back to the Registrar to assess compliance.
- The Registrar’s prior orders for production of legal files remained binding, with issues of privilege and missing documents requiring further review.
- As of this ruling, Nouhi had not paid the judgment nor made himself available for examination in aid of execution.
Outcome
- Pourtaghi remains entitled to $528,220 CAD, with additional interest and costs, while cost assessment disputes continue.