Aminzada v. Rahimi

Aminzada v. Rahimi

Adjudicator found claimants credible and defendant not credible, accepted evidence that defendant obtained $6,000 US and $3,000 CAD and $850 CAD under false pretences, allowed amendment to account for exchange rate conversion, rejected defendant's unpleaded counterclaim, and ordered restitution of the converted...

Source-derived case information.

Citation
2019 NSSM 51
Parties
Claimant: Mariam Aminzada; Claimant: Alice Evans; Defendant: Mohd Harife Rahimi
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
16 September 2019
Procedural Posture
Small Claims / Final Decision After Hearing
Outcome
Judgment for the Claimants; counterclaim dismissed; amendment allowed.
Legal Topics
False Pretences, Unjust Enrichment, Damages and Costs, Credibility Assessment, Amendment of Claim
Source Language
english
Contract Fraud Restitution Civil Procedure Immigration Related Financial Dealings False Pretences Unjust Enrichment Damages and Costs +2 more

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Parties

Mariam Aminzada

Claimant

Alice Evans

Claimant

Mohd Harife Rahimi

Defendant

Procedural Posture

Small Claims / Final Decision After Hearing

Legal Issues

  1. 1 Whether defendant obtained money from claimant by false pretences
  2. 2 Whether defendant must repay amounts taken and in what amount
  3. 3 Whether counterclaim for vehicle damage is valid

Ratio Decidendi

Adjudicator found claimants credible and defendant not credible, accepted evidence that defendant obtained $6,000 US and $3,000 CAD and $850 CAD under false pretences, allowed amendment to account for exchange rate conversion, rejected defendant's unpleaded counterclaim, and ordered restitution of the converted amounts plus costs.

Court Disposition

Judgment for the Claimants; counterclaim dismissed; amendment allowed.

Orders

  • Defendant Mohd Harife Rahimi shall pay Claimant Mariam Aminzada the sum of $11,795.00 CAD.
  • Defendant shall pay $199.35 CAD in costs to Claimant.