BMO v. 2761387 Ontario Inc. et al.
Bank of Montreal
Law Firm / Organization
Gardiner Roberts LLP
2761387 Ontario Inc. O/A Shatter Abbas Restaurant
Law Firm / Organization
Unrepresented
2761376 Ontario Inc. O/A Shatter Abbas Central Kitchen
Law Firm / Organization
Unrepresented
Behnam Nikaiin
Law Firm / Organization
Unrepresented
Bank of Nova Scotia
Law Firm / Organization
Unrepresented
  • Background:

    • BMO mistakenly deposited $303,727.38 into the defendants’ account instead of Orillia Motorcar Inc. due to a transposition error on deposit slips in October 2021.
    • Behnam Nikaiin, owner of the corporate defendants, withdrew the funds but failed to return them despite acknowledging the mistake.
    • BMO recovered $27,534.02, leaving $277,827.96 outstanding.
  • Claims by BMO:

    • Recovery of $277,827.96 under:
      1. Restitution for money paid under a mistake of fact.
      2. Conversion, alleging wrongful interference with funds.
      3. Unjust enrichment, asserting the defendants were enriched at BMO's expense without juristic reason.
  • Court’s Findings:

    • Restitution: The erroneous deposits were made under a mistake of fact; the defendants were obligated to return the funds.
    • Conversion: The defendants wrongfully used funds they knew were not theirs.
    • Unjust Enrichment: Defendants retained funds unjustly, depriving BMO.
  • Ruling:

    • Defendants must repay $277,827.96 to BMO, with 6% interest per annum from November 4, 2024.
    • Additional costs of $42,253.50 awarded to BMO.
    • BNS ordered to release $20,000 held in the defendants’ account to BMO.
Superior Court of Justice - Ontario
CV-22-00674841
Civil litigation
$ 320,081
Plaintiff