Case Background: Esmail Tavakoli Niaki, doing business as Green Arms, contracted with Mojgan Shahabaldin to install flagstone pavers. Disputes over the quality and completion of the work led to Shahabaldin's refusal to pay. Niaki filed a claim in Provincial Court under the Small Claims Act, which awarded him $4,420.24.

Initial Proceedings: Shahabaldin appealed to the Supreme Court of British Columbia. Niaki did not attend, claiming lack of notice. Justice Fitzpatrick allowed the appeal in part, setting aside the initial order but not the deficiency claim. Costs on Scale B were awarded for June 7 and 8, 2023.

Legal Arguments/Issues: The key issue was whether Niaki received notice of the Supreme Court hearing. Both parties submitted unclear affidavits. The Court of Appeal’s jurisdiction to hear an appeal from a Supreme Court decision on a small claims matter was contested. The court found it lacked jurisdiction under sections 5(2) and 13(2) of the Small Claims Act and section 13(3) of the Court of Appeal Act.

Appeal to Court of Appeal: Niaki sought an extension to appeal Justice Fitzpatrick’s decision, citing lack of notice. The Court of Appeal dismissed the application, stating it lacked jurisdiction. It suggested Niaki seek recourse in the Supreme Court to reconsider the orders if he was not served.

Costs and Awards: Justice Baker, on a subsequent without notice application, released $4,420.24 to Shahabaldin and ordered Niaki to pay costs of $3,316.00.