Ibrahim v. Allibhai
Ali Ibrahim
Law Firm / Organization
Not Specified
Lawyer(s)

A. Grewal

Karim Allibhai
Law Firm / Organization
Hawthorne, Piggott & Company
Lawyer(s)

Adam Shee

Case Overview:
The plaintiff, Ali Ibrahim, brought claims against the defendant, Karim Allibhai, which were dismissed following a trial. The defendant’s counterclaim succeeded, resulting in monetary awards and a subsequent costs application.

Legal Issues:
The primary issue was whether double costs should be awarded under Rule 9-1(5)(b) of the Supreme Court Civil Rules. This turned on whether Mr. Ibrahim unreasonably rejected a settlement offer made by Mr. Allibhai on July 7, 2021.

The factors considered included:

  • Reasonableness of accepting the offer at the time.

  • The relationship between the settlement terms and the trial outcome.

  • Financial circumstances of the parties.

The court determined the offer should have been accepted due to the lack of merit in Mr. Ibrahim's claims and the strength of Mr. Allibhai's counterclaim.

Outcome:
Mr. Allibhai was awarded:

  • General damages: $3,336.11 for abuse of process.

  • Punitive damages: $5,000.

  • Double costs: Applied from July 7, 2021, for all litigation steps, and ordinary costs before that date.

Significance:
The decision underscored litigants' obligation to assess the viability of their cases and encouraged settlement by penalizing unreasonable rejections of fair offers. The court emphasized judicial efficiency and fairness in cost allocation.

Supreme Court of British Columbia
S2013505
Civil litigation
$ 8,336
Defendant