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.