Aghdasi v. Asiyaban
HALIME KHATOUN AGHDASI
Law Firm / Organization
Adair Goldblatt Bieber LLP
VAHID MEHDIZADEH ASIYABAN
Law Firm / Organization
Not Specified
Lawyer(s)

Paul Portman

2468692 ONTARIO LTD.
Law Firm / Organization
Not Specified
Lawyer(s)

Paul Portman

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.
Superior Court of Justice - Ontario
CV-19-00623015-0000
Real estate
$ 671,109
Plaintiff