Alijani et al v. Telepocki et al Date:, 2014 BCPC 245

Citation: Alijani et al v. Telepocki et al Date: 20140929 2014 BCPC 0245 File No: C13003 Registry: Port Coquitlam IN THE PROVINCIAL COURT OF BRITISH COLUMBIA BETWEEN: ARASH ALIJANI and LEYLA SEIFOLLAHZADEH CLAIMANTS AND: BOB TELEPOCKI, POOYA SHAHBAZI, MARY SALEH, and BRUCE MacLEOD DEFENDANTS ORAL REASONS FOR JUDGMENT OF THE HONOURABLE JUDGE de COUTO Appearing on their own behalf: The Claimants, A. Alijani and L. Seifollahzadeh Appearing on their own behalf: The Defendant, B. MacLeod Counsel for Defendant Telepocki : C. Johnston Counsel for Defendant Shahbazii : C. Spratt Place of Hearing: Port Coquitlam , B.C.

Date of Hearing: September 29, 2014 Date of Judgment: September 29, 2014 [ 1 ] THE COURT: I go with the starting premise that Small Claims court, although I do believe that that is a gross misnomer today, but nonetheless, it is still known as a Small Claims court, places an emphasis on ensuring that ordinary everyday people have the opportunity to bring their issues to court in a less structured, less formal atmosphere, with a monetary limit that would allow them to come to court on their own to present their case to a court to be heard.

I suppose it is for that reason that it is more often than not sometimes called "the People's Court". [ 2 ] The rules that apply with respect to procedure, the process and, for that matter, the conduct of the trial, is far more relaxed than the formalized setting of a Supreme Court trial. It is all with the focus of making it an accessible court to the people within the community.

That, to me, is the starting point. [ 3 ] The second point with respect to one of the two issues that had to be decided here, which was significant, was the determination of whether or not this particular wall unit that was custom-built was in fact a fixture or a chattel. The cases seem to refer to it - and for that matter, even counsel herself at one point conceded, it is not at all clear.

So clearly there was a triable issue that had to be determined. [ 4 ] Bearing all of that in mind, I am hesitant to impose a penal sanction on the claimant who came to court, again, realizing all the background, but who nonetheless came to court unrepresented with English as a second language, and relatively new to the country in the sense that he was not born here, nor did he grow up here. [ 5 ] In the circumstances, I do not think it appropriate to impose the "up to ten percent" penalty as it is with reference to the claim against Mr. Shahbazi. [ 6 ] On the other hand, sir, with Ms.

Saleh, in my view, it is a totally different situation altogether because, by your own concession, there was absolutely no case from the word "go" because she was not even in the country for much of it, and in the circumstances, I think there ought to be some sanctions for that kind of a claim to proceed to the extent that it did, to the detriment of Ms. Saleh and, to some extent, her reputation. [ 7 ] In the circumstances, I am going to give you the benefit of the doubt of the $6,880. What I am going to do is impose a penalty of $500 to be paid to Ms.

Saleh with respect to that penalty. [ 8 ] In addition to that, the costs, even that I am going to say is one where I think there was a triable issue to be adjudicated on brought on my an unrepresented party with English as a second language, and what I am going to do is each party will carry their own costs in that respect. [ 9 ] MS. SPRATT: Thank you, Your Honour, so can you maybe give some direction to the claimant in terms of payment of the penalty? [ 10 ] THE COURT: Mr. Alijani and Ms. Seifollahzadeh, I have just imposed a cost of $500 against you to be paid to Ms. Saleh.

I want to know how long it will take for you to pay that to her. [ 11 ] MR. ALIJANI: How long do we have time? [ 12 ] THE COURT: Well, you tell me. [ 13 ] MR. ALIJANI: Your Honour, we have spent for this case more than $2,000.

[ 14 ] THE COURT: Never mind all of that. My question is how long? [ 15 ] MR. ALIJANI: How long do we -- [ 16 ] THE COURT: Two weeks? [ 17 ] MR. ALIJANI: Yeah. [ 18 ] THE COURT: Okay, two weeks. You can pay maybe through the court. Would that be easier, Madam Clerk? [ 19 ] MR. ALIJANI: Where we should come to pay there, she should pay -- [ 20 ] THE COURT: I have already made my decision, no argument. Five hundred dollars, two weeks, to Ms. Saleh. [ 21 ] MS. SPRATT: Do you want that paid into the court, Your Honour, or to -- you can pay it to your counsel. [ 22 ] THE COURT: To counsel. You pay it to counsel, yes. (ORAL REASONS FOR JUDGMENT CONCLUDED)