415909 Canada Inc c.o.b. PARS 2000 v. Moghadam

Case Background:

• The plaintiff provides transportation services and luggage storage for airline crews and travelers.
• Defendant Saied Moghadam, former general manager, was terminated after financial irregularities were discovered.
• A special resolution appointed Saraya Moghadam as the sole director, leading to Saied Moghadam's termination on July 20, 2023.

Legal Motions:

• December 6, 2023: The plaintiff filed for an interlocutory injunction to prevent the defendant from interfering with business and for the return of company property, including two vehicles.
• Defendant's Position: Consent to most reliefs but refused to return vehicles, arguing accepted family use of company vehicles.

Court Decisions:

• Justice Williams: Ordered the return of vehicles, highlighting the lack of company consent for the defendant’s use post-termination.
• Current Motion: Pursuant to Rule 44 for recovery of personal property.

Findings:

• The plaintiff met all requirements under Rule 44:
  • Ownership and value of vehicles established via registration certificates and invoices.
  • Defendant’s employment was terminated; vehicles were not returned.

Defendant's Claims:

• Mother’s Consent: Provided hearsay affidavit from his mother, which was not legally authoritative.
• Wrongful Termination: Alleged wrongful termination entitling continued vehicle use; court stated compensation possible only if wrongful dismissal proven.
• Family Legal Action: Defendant's mother filed an application alleging fraudulent directorship by Saraya Moghadam. Court maintained Saraya’s current directorship until proven otherwise.

Court Order:

• Vehicles must be returned by July 15, 2024.
• Failure to comply will result in the Sheriff seizing the vehicles.
• Costs: Plaintiff awarded $10,000 in costs, payable within 30 days.