Overview

• The Ontario Superior Court of Justice ruled in favor of Halime Khatoun Aghdasi and dismissed Vahid Mehdizadeh Asiyaban’s claims in a property dispute.
• The case involved two properties:
  • Deerfield Property: A commercial building registered under 2468692 Ontario Ltd., solely owned by Vahid. Halime claimed a 50% interest via a resulting trust or constructive trust for unjust enrichment.
  • Ellis Property: Owned by Halime, she sought damages due to a Caution and Certificate of Pending Litigation (CPL) improperly registered by Vahid, which led to a distressed sale.

Key Findings

• The court held that Halime owned 50% of the Deerfield Property under a resulting trust and had full ownership of the Ellis Property.
• She was awarded $341,000 in damages, including $100,000 in punitive damages due to Vahid’s misconduct.

Costs Award

• Halime’s cost claims:
  • Full indemnity: $310,550 + HST + disbursements
  • Substantial indemnity: $279,495 + disbursements
  • Partial indemnity: $201,857.50 + disbursements
• Vahid’s proposal: $160,000 (inclusive).
• Court’s decision:
  • $279,495 in fees (substantial indemnity)
  • $36,334.35 HST
  • $15,279.45 in disbursements

Justification for Elevated Costs

• Vahid fabricated documents to obtain a CPL and enlisted a witness who later contradicted his affidavit in court.
• He made unfounded allegations against Halime, including adultery and fraud.
• His conduct resulted in excessive legal work, including denying all claims in pleadings but admitting them at trial.
• Halime’s settlement offers were reasonable, and she obtained a better outcome in court.

Conclusion

• Vahid’s conduct was reprehensible, justifying punitive damages and substantial indemnity costs.
• He must pay the awarded amounts within 30 days.