The Respondents (Ebrahimi Parties) brought a motion under Rule 59.06 to set aside or vary three prior court orders related to the implementation of Minutes of Settlement, alleging fraud and newly discovered facts.
They also sought a declaration that the Minutes of Settlement were void.
The Applicants (PCCI) brought a cross-motion to enforce the Minutes of Settlement.
The court granted leave to admit new evidence (February 2024 Memo) and found that PCCI's actions in pursuing criminal charges and restitution in Iran, contrary to their obligations under the Minutes of Settlement, constituted a fundamental breach.
Consequently, the court set aside the relevant implementation orders and declared the Minutes of Settlement null and void, dismissing PCCI's enforcement motion.
The court also addressed costs, awarding partial indemnity costs to the Respondents.
