Pejhan Estate
The appeal was dismissed because the Court of Appeal found no basis to interfere with the trial judge's factual findings and accepted that the amount allowed included any mortgage costs attributable to legitimate expenses, warranting costs to the respondent and an accounting by the appellant to Pejiko.
Source-derived case information.
- Citation
- 2012 ONCA 327
- Parties
- Appellant: Houshang (Henry) Pejhan; Respondent: Shahindokht (Nadia) Majidi-Ahi; Estate: Estate of Youssef Pejhan; Company: Pejiko Investments Limited
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 17 May 2012
- Procedural Posture
- Civil Estate/company Dispute / Appeal From Superior Court of Justice Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Appeal Review Standard, Accounting to Company, Mortgage Cost Allocation, Costs of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Houshang (Henry) Pejhan
Appellant
Shahindokht (Nadia) Majidi-Ahi
Respondent
Estate of Youssef Pejhan
Estate
Pejiko Investments Limited
Company
Procedural Posture
Civil Estate/company Dispute / Appeal From Superior Court of Justice Judgment
Legal Issues
- 1 Whether appellate court should interfere with trial judge's factual findings
- 2 Whether the amount allowed by the trial judge included mortgage costs attributable to legitimate expenses
- 3 Whether appellant must account to Pejiko for $10,000 advanced to appellant's solicitor
Ratio Decidendi
The appeal was dismissed because the Court of Appeal found no basis to interfere with the trial judge's factual findings and accepted that the amount allowed included any mortgage costs attributable to legitimate expenses, warranting costs to the respondent and an accounting by the appellant to Pejiko.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed.
- Costs of the appeal awarded to the respondent and agreed at $10,000 inclusive of disbursements and taxes.
Full Case Text
Judgment text and source record
1 paragraphs
Pejhan Estate Collection Decisions of the Court of Appeal Date 2012-05-17 Neutral citation 2012 ONCA 327 Docket numbers C53037 Judges Weiler, Karen Merle Magnuson; Blair, Robert Ashley; Rouleau, Paul S. Subject Civil Decision Content COURT OF APPEAL FOR ONTARIO CITATION: Pejhan Estate, 2012 ONCA 327 DATE: 20120515 DOCKET: C53037 Weiler, Blair and Rouleau JJ.A. In the Estate of Youssef Pejhan, deceased And in the Matter of Pejiko Investments Limited David M. Goodman, for the appellant, Houshang (Henry) Pejhan Larry J. Levine, Q.C., for the respondent, Shahindokht (Nadia) Majidi-Ahi Heard: May 14, 2012 On appeal from the judgment of Justice Kevin W. Whitaker of the Superior Court of Justice, dated November 15, 2010. APPEAL BOOK ENDORSEMENT [1] The appellant acknowledges that this is a fact driven appeal. The trial judge did the best he could with the evidence he had. We see no basis for interfering with his conclusion. We accept that the amount he allowed Henry Pejhan included any portion of the mortgage costs attributable to legitimate expenses. [2] Accordingly, the appeal is dismissed. Costs of the appeal are to the respondent and are agreed at $10,000, inclusive of disbursements and all applicable taxes. The parties agree that Henry Pejhan is to account Pejiko Limited for the sum of $10,000 the company advanced to Henry’s solicitor, Mr. Goodman.