ONTARIO SUPERIOR COURT OF JUSTICE ) Friday the 26th day of
Court File No. 05-CV-290404PDI
ONTARIO SUPERIOR COURT OF JUSTICE ) Justice, W. Low
) ) )
Friday the 26th day of August 2011
BE TW E E N: HOUSHANG BOUZARI, FERESHTEH YOUSEFI , SHERVIN BOUZARI and NARVAN BOUZARI Plaintiffs -andMehdi Hashemi Bahremani aka RAFSANJANI, Akbar Hashemi Bahremani aka RAFSANJANI, Ali Fallahian Najaf ABADI, Gholam Hossein Mohensi EJEI, John Doe aka SIYADATI, Bill Doe aka Akbari Rad MASSOUDI, Tom Doe aka Mohammad Saeedi aka Asghar Saeedia aka MR. 99. Defendants JUDGMENT UPON MOTION for Default Judgment as against the defendant, Mehdi Hashemi Bahremani Hafsanjani, made this day before the presiding Justice of the Ontario Superior Court of Justice; UPON READING the Plaintiff's Notice of Motion and Motion Record dated August 19, 2011, the c,ffidavits of Fereshteh Yousefi, Sherlin Bouzari and Narvan Bouzari sworn August 26, 2011 and the Plaintiff's Case Book and Damages Brief filed; UPON hea -ing the submissions of counsel for the plaintiffs; UPON it al=pearing that service of the Statement of Claim on all defendants was validated by an OrdH of this court dated May 9, 2006 effective November 12, 2005; UPON it appearing tllat the defendants failed to deliver a defence in this proceeding and were Note:! in Default on May 9, 2006; UPON this court determining that the Ontario Superior Court of Justice has jurisdiction over this r:roceeding as a forum of necessity:
2 THIS COURT ORDERS AND ADJUDGES: 1.
That the plaintiffs shall be entitled to Default Judgment as against the defendant, Mehdi Hashemi Bahremani Rafsanjani.
2.
That the defendant, Mehdi Hashemi Bahremani Rafsanjani, shall pay damages to the plaintiff, Houshang Bouzari, in the amount of three million nine hundred twenty thousand dollars ($3,920,000) CAD.
3.
That the defendant, Mehdi Hashemi Bahremani Rafsanjani, shall pay damages to the plaintiff, Fereshteh Yousefi, in the amount of one million dollars ($1,000,000) CAD pursuant to the Family Law Act, RS.O. 1990, c. F. 3, s.61, without prejudice to the amended claims made by this plaintiff in the Amended Statement of Claim attached as Schedule "A" hereto.
4.
That the defendant, Mehdi Hashemi Bahremani Rafsanjani, shall pay damages to the plaintiff, Shervin Bouzari, in the amount of one million dollars ($1,000,000) CAD pursuant to the Family Law Act, RS.O. 1990, c. F. 3, s. 61, without prejudice to the amended claims made by this plaintiff in the Amended Statement of Claim attached as Schedule "A" hereto.
5.
That tl,e defendant, Mehdi Hashemi Bahremani Rafsanjani, shall pay damages to the plaintiff, Narvan Bouzari, in the amount of one million dollars ($1,000,000) CAD pursuant to the Family Law Act, RS.O. 1990, c. F. 3, s. 61, without prejudice to the amended claims made by this plaintiff in the Amended Statement of Claim attached as Schedule "A" hereto.
6.
That the plaintiffs shall be entitled to pre-judgment inter~st on all amounts due and owing for damages from June 27, 1994 to this date at five percent (5%) per annum pursuant to Rule 53.10 of the Ontario Rules of Civil Procedure as follows: a.
Houshang Bouzari
$3,364,666 CAD.
b.
Fereshteh Yousefi
$858,332 CAD.
c.
Shervin Bouzari
$858,332 CAD.
d.
Narvan Bouzari
$858,332 CAD.
7.
That the plaintiffs shall be entitled to their costs of this proceeding fixed at $11,900.00 CAD inclusive of disbursements and HST.
8.
That the Statement of Claim shall be amended in the form attached as Schedule "A" hereto.
3 That thi3 Judgment shall bear post-judgment interest on all amounts due and owing herein at (5%) per annum.
9.
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Court File No. 05-CV-290404PDI
ONTARIO SUPERIOR COURT OF JUSTICE BE TWE
E N: HOUSHANG BOUZARI, FERESHTEH YOUSEFI, SHERVIN BOUZARI and NARVAN BOUZARI Plaintiffs -andMehdi Hashemi Bahremani aka RAFSANJANI, Akbar Hashemi Bahremani aka RAFSANJANI, Ali Fallahian Najaf ABADI, Gholam Hossein Mohensi EJEI, John Doe aka SIYADATI, Bill Doe aka Akbari Rad MASSOUDI, Tom Doe aka Mohammad Saeedi aka Asghar Saeedia aka MR. 99. Defendants
ENDORSEMENT August 6, 2011 Mark H. Arnold for plaintiffs 1.
Default Judgment against the Defendant Mehdi Hashemi Bahremani Rafsanjani.
2.
Affidavits of Fereshteh Yousefi, Shervin Bouzari and Narvan Bouzari filed supplementary to the Motion Record. Leave granted to amend the Statement of Claim to increase monetary claims.
3.
It is apparent from the material filed that the plaintiff, Houshang Bouzari, has endured unspeakably outrageous torture by the defendant or at his instigation. It is equally apparent that the plaintiff, Fereshteh Yousefi, was independently subjected to repeated mental distress by way of threats relating to the captivity and torture of her husband.
4.
General damages are difficult to quantify as the quality of life for these plaintiffs has been permanently diminished and the psychiatric sequelae are continuing. The conduct of the defendant is of such heinous quality that punitive damages in very significant magnitude is, in my view, clearly called for. I take guidance in this respect from the U. S. Precedents and from compensation granted by the Government of Canada in a recent case of torture by a foreign state.
5.
I am satisfied that this court ought, in the circumstances, to assume jurisdiction on
the basis of necessity. The plaintiffs are now Canadians and reside here. There is no reasonable basis upon which they can be required to commence the action in a foreign jurisdiction, particularly, the state where the torture took place, Iran. In this regard, I adopt the reasoning in Van Breda v Village Resorts Ltd., 98 O.R. (3d) 721
6.
Low J.
Judgment to issue in the form filed.
ONTARIO SUPERIOR COURT OF JUSTICE ) Justice, W. Low
) ) )
Friday the 26th day of August 2011
BE TW E E N: HOUSHANG BOUZARI, FERESHTEH YOUSEFI , SHERVIN BOUZARI and NARVAN BOUZARI Plaintiffs -andMehdi Hashemi Bahremani aka RAFSANJANI, Akbar Hashemi Bahremani aka RAFSANJANI, Ali Fallahian Najaf ABADI, Gholam Hossein Mohensi EJEI, John Doe aka SIYADATI, Bill Doe aka Akbari Rad MASSOUDI, Tom Doe aka Mohammad Saeedi aka Asghar Saeedia aka MR. 99. Defendants JUDGMENT UPON MOTION for Default Judgment as against the defendant, Mehdi Hashemi Bahremani Hafsanjani, made this day before the presiding Justice of the Ontario Superior Court of Justice; UPON READING the Plaintiff's Notice of Motion and Motion Record dated August 19, 2011, the c,ffidavits of Fereshteh Yousefi, Sherlin Bouzari and Narvan Bouzari sworn August 26, 2011 and the Plaintiff's Case Book and Damages Brief filed; UPON hea -ing the submissions of counsel for the plaintiffs; UPON it al=pearing that service of the Statement of Claim on all defendants was validated by an OrdH of this court dated May 9, 2006 effective November 12, 2005; UPON it appearing tllat the defendants failed to deliver a defence in this proceeding and were Note:! in Default on May 9, 2006; UPON this court determining that the Ontario Superior Court of Justice has jurisdiction over this r:roceeding as a forum of necessity:
2 THIS COURT ORDERS AND ADJUDGES: 1.
That the plaintiffs shall be entitled to Default Judgment as against the defendant, Mehdi Hashemi Bahremani Rafsanjani.
2.
That the defendant, Mehdi Hashemi Bahremani Rafsanjani, shall pay damages to the plaintiff, Houshang Bouzari, in the amount of three million nine hundred twenty thousand dollars ($3,920,000) CAD.
3.
That the defendant, Mehdi Hashemi Bahremani Rafsanjani, shall pay damages to the plaintiff, Fereshteh Yousefi, in the amount of one million dollars ($1,000,000) CAD pursuant to the Family Law Act, RS.O. 1990, c. F. 3, s.61, without prejudice to the amended claims made by this plaintiff in the Amended Statement of Claim attached as Schedule "A" hereto.
4.
That the defendant, Mehdi Hashemi Bahremani Rafsanjani, shall pay damages to the plaintiff, Shervin Bouzari, in the amount of one million dollars ($1,000,000) CAD pursuant to the Family Law Act, RS.O. 1990, c. F. 3, s. 61, without prejudice to the amended claims made by this plaintiff in the Amended Statement of Claim attached as Schedule "A" hereto.
5.
That tl,e defendant, Mehdi Hashemi Bahremani Rafsanjani, shall pay damages to the plaintiff, Narvan Bouzari, in the amount of one million dollars ($1,000,000) CAD pursuant to the Family Law Act, RS.O. 1990, c. F. 3, s. 61, without prejudice to the amended claims made by this plaintiff in the Amended Statement of Claim attached as Schedule "A" hereto.
6.
That the plaintiffs shall be entitled to pre-judgment inter~st on all amounts due and owing for damages from June 27, 1994 to this date at five percent (5%) per annum pursuant to Rule 53.10 of the Ontario Rules of Civil Procedure as follows: a.
Houshang Bouzari
$3,364,666 CAD.
b.
Fereshteh Yousefi
$858,332 CAD.
c.
Shervin Bouzari
$858,332 CAD.
d.
Narvan Bouzari
$858,332 CAD.
7.
That the plaintiffs shall be entitled to their costs of this proceeding fixed at $11,900.00 CAD inclusive of disbursements and HST.
8.
That the Statement of Claim shall be amended in the form attached as Schedule "A" hereto.
3 That thi3 Judgment shall bear post-judgment interest on all amounts due and owing herein at (5%) per annum.
9.
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Court File No. 05-CV-290404PDI
ONTARIO SUPERIOR COURT OF JUSTICE BE TWE
E N: HOUSHANG BOUZARI, FERESHTEH YOUSEFI, SHERVIN BOUZARI and NARVAN BOUZARI Plaintiffs -andMehdi Hashemi Bahremani aka RAFSANJANI, Akbar Hashemi Bahremani aka RAFSANJANI, Ali Fallahian Najaf ABADI, Gholam Hossein Mohensi EJEI, John Doe aka SIYADATI, Bill Doe aka Akbari Rad MASSOUDI, Tom Doe aka Mohammad Saeedi aka Asghar Saeedia aka MR. 99. Defendants
ENDORSEMENT August 6, 2011 Mark H. Arnold for plaintiffs 1.
Default Judgment against the Defendant Mehdi Hashemi Bahremani Rafsanjani.
2.
Affidavits of Fereshteh Yousefi, Shervin Bouzari and Narvan Bouzari filed supplementary to the Motion Record. Leave granted to amend the Statement of Claim to increase monetary claims.
3.
It is apparent from the material filed that the plaintiff, Houshang Bouzari, has endured unspeakably outrageous torture by the defendant or at his instigation. It is equally apparent that the plaintiff, Fereshteh Yousefi, was independently subjected to repeated mental distress by way of threats relating to the captivity and torture of her husband.
4.
General damages are difficult to quantify as the quality of life for these plaintiffs has been permanently diminished and the psychiatric sequelae are continuing. The conduct of the defendant is of such heinous quality that punitive damages in very significant magnitude is, in my view, clearly called for. I take guidance in this respect from the U. S. Precedents and from compensation granted by the Government of Canada in a recent case of torture by a foreign state.
5.
I am satisfied that this court ought, in the circumstances, to assume jurisdiction on
the basis of necessity. The plaintiffs are now Canadians and reside here. There is no reasonable basis upon which they can be required to commence the action in a foreign jurisdiction, particularly, the state where the torture took place, Iran. In this regard, I adopt the reasoning in Van Breda v Village Resorts Ltd., 98 O.R. (3d) 721
6.
Low J.
Judgment to issue in the form filed.
