Ishrat v. Anwar
Nabeela Ishrat
Law Firm / Organization
Not Specified
Lawyer(s)

P.W. Cote

Ali Anwar
Law Firm / Organization
Clyde & Co Canada LLP
Sheeraz Anwar
Law Firm / Organization
Clyde & Co Canada LLP
Shahbaz Khan
Law Firm / Organization
Not Specified
Lawyer(s)

P.W. Cote

Background:
The dispute arose within an extended family. The townhouse in question was purchased using funds from a Guaranteed Investment Certificate (GIC) that listed Nabeela, Shahbaz, Ali, and Sheeraz as joint owners. Nabeela claimed she provided the funds with the understanding that the property would be held in her name, making her the sole beneficial owner. Ali and Sheeraz, however, argued that the funds were given to them as compensation for unpaid work at a Mucho Burrito restaurant in Regina, owned by Nabeela and Shahbaz, thus entitling them to ownership.

Legal Issues:
The case centered on two main issues:

  1. Townhouse Ownership: Nabeela sought a declaration that she was the sole beneficial owner of the townhouse, while Ali and Sheeraz counterclaimed for full ownership.

  2. Franchise Remuneration: Ali and Sheeraz claimed they were owed compensation for work at the Mucho Burrito restaurants and a Maaco Autobody shop. They alleged unjust enrichment and conversion of wages.

Judgment and Costs:
The court ruled that:

  • Nabeela was a beneficial owner of half the townhouse, not the sole owner.
  • Ali and Sheeraz were entitled to compensation for work at the Maaco shop and occupation rent but lost most of their wage claims.

Costs Awarded:
No costs were awarded, as neither party was substantially successful, and each bore their own costs.

Supreme Court of British Columbia
S229144
Real estate