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Aghdasi v. Asiyaban

Gord McGuire and Sean Pierce were trial counsel in this real estate dispute over investment properties that the plaintiff and defendant purchased while in a common-law relationship. The defendant had initiated the litigation by obtaining a Certificate of Pending Litigation (“CPL”) over the plaintiff’s property on a without-notice motion, relying on what the Court found at trial to be “fake invoices” that the defendant had “deliberately submitted … to mislead the court.”

Gord and Sean were wholly successful in representing the plaintiff's interests, obtaining judgment that, among other things, granted damages for the improperly registered, CPL recognized the plaintiff's 50% interest in the property that was not in her name, denied the defendant's mirror claim to an interest in a property held by the plaintiff, denied all of the defendant's further counterclaims, and awarded the plaintiff punitive damages on account of the defendant's "malicious" litigation conduct. 

In awarding punitive damages, Justice Papageorgiou's accepted and incorporated into her reasons AGB's submission that "[m]any women in [the plaintiff's] position—an immigrant with limited liquid assets and whose ex-romantic partner was abusing the Court system to threaten and intimidate her—would not have had the resources to fight back. Left unpunished, intimidation tactics like Vahid’s could well succeed.”