Ibrahim v. Hashemi
Ali Ibrahim
Shima Hashemi
Law Firm / Organization
Cassels Brock & Blackwell LLP
Starmark Properties Corp.
Law Firm / Organization
Cassels Brock & Blackwell LLP
0930825 B.C. Ltd.
Law Firm / Organization
Cassels Brock & Blackwell LLP
Maryam Pour-Nasrollah
Law Firm / Organization
Cassels Brock & Blackwell LLP
Shadi Hashemi
Law Firm / Organization
Cassels Brock & Blackwell LLP

Background:
Ali Ibrahim alleged he had a contractual agreement with Starmark Properties Corp., represented by Maryam Pour-Nasrollah, to provide services for developing a Whistler property. Ibrahim claimed Starmark agreed to compensate him with a 5% interest in the property’s value and any appreciation. He alleged his work increased the property’s value by $2.69 million but was not compensated. Ibrahim sought damages for breach of contract, unjust enrichment, and a constructive trust over the property.

Procedural History:
Ibrahim obtained a default judgment against Shima Hashemi for $225,000 in damages. Hashemi successfully moved to have the judgment and damage assessment set aside, arguing she was not properly served and had no knowledge of the proceedings.

Legal Issues:
The Court addressed whether:

  1. Service of court documents on Hashemi met procedural requirements.
  2. Ibrahim had a meritorious claim against Hashemi, given she was not a party to the alleged contract.
  3. A miscarriage of justice occurred in the damage assessment and default judgment.

Findings:
The chambers judge found Hashemi was not served and held no liability under the contract. The damages award was deemed unjust and "shocking," leading to the default judgment and award being overturned.

Disposition:
The appeal by Ibrahim was dismissed, and no costs or damages were awarded in his favor.

Court of Appeals for British Columbia
CA49827
Civil litigation
Respondent