Court of Appeal for Ontario

Date: 2025-06-03
Docket: COA-24-CV-1126
Coram: B.W. Miller, David M. Paciocco, and S. Coroza

Parties

Between:
Halime Khatoun Aghdasi
Plaintiff (Respondent)

and

Vahid Mehdizadeh Asiyaban and 2468692 Ontario Ltd.
Defendants (Appellants)

AND BETWEEN

Vahid Mehdizadeh Asiyaban
Plaintiff (Appellant)

and

Halime Khatoun Aghdasi
Defendant (Respondent)

Counsel

• Matthew Sokolsky, for the appellants
• Gordon McGuire and Sean Pierce, for the respondent

Heard and released orally: May 30, 2025

On appeal from the judgment of Justice Eugenia Papageorgiou of the Superior Court of Justice, dated June 17, 2024.

Reasons for Decision

1The trial judge found that the appellant falsified evidence to support a property claim he was making in family litigation. She also found that he had solicited others to provide false testimony which he put before the trial judge. Not surprisingly, in her reasons for decision the trial judge found that the appellant was not a credible witness and that his evidence could not be relied upon without corroboration.

2The appellant argues that this is unfair because the parties never documented their property dealings, and the trial judge’s blanket rejection of the appellant’s uncorroborated evidence undermined his counterclaim and his ability to defend the respondent’s claims.

3This ground of appeal is without merit. Given the appellant’s conduct before her, the trial judge was entitled to reject his uncorroborated evidence. His evidence showed that his testimony could not be trusted. There is no basis for interfering with this decision. This ground of appeal is denied.

4The appellant concedes that if we were not persuaded by this ground of appeal, his entire appeal fails because each of the grounds of appeal he advances depend upon us setting aside the trial judge’s credibility findings. Since we have decided that there is no basis for doing so, the appeal is dismissed in its entirety.

5The appellant is ordered to pay costs to the respondent in the amount of $10,000 all inclusive.

B.W. Miller
David M. Paciocco
S. Coroza