IN THE SUPREME COURT OF BRITISH COLUMBIA

Date: 20100520

Docket: S066787

Registry:
Vancouver

Between:

Insurance
Corporation of British Columbia

Plaintiff

And:

Dawood Shahin
Husseinian

and
Ahmad Ahmadi

Defendants

Before: The Honourable Mr. Justice
Savage

Oral Reasons for Judgment

In
Chambers

Introduction

[1]            
THE COURT: This is an application by the plaintiff Insurance
Corporation of British Columbia for the assessment of damages against Dawood
Shahin Husseinian and Ahmad Ahmadi for insurance fraud.  The defendants have
not appeared to the action and a default judgment has been registered against
them.  As a result of the default judgment, the defendants are deemed to have
admitted all of the allegations.  See Insurance Corporation of British
Columbia v. Husseinian, 2008 BCSC 241.

[2]            
These actions involve four claims.  Of those four claims, Ahmad Ahmadi
was involved in the perpetration of fraud in cases.  In two cases he was
involved in the perpetration of fraud with Dawood Shahin Husseinian.

Claim Number One

[3]            
Claim number one involves setting fire to a 1987 Oldsmobile Cutlass by
Ahmad Ahmadi, and receipt of insurance proceeds of $2,363.81.

Claim Number Two

[4]            
Claim number two involves two vehicles.  While operating a rented
Fortuna Civic, Husseinian was in a hit and run collision with a 2000 Volkswagen
Jetta.  Ahmadi reported the civic stolen.  Ahmadi and Husseinian acted together
in making the insurance claims.  The claims played out a total of $21,985.75,
which includes damage to the Volkswagen Jetta.

Claim Number Three

[5]            
This claim involves a staged theft and fire to Mr. Husseinian’s
mother’s vehicle, a 1989 Ford Aerostar.  Ahmadi and Husseinian set fire to the
vehicle.  ICBC paid out the sum of $4,937.12 for this claim.

Claim Number Four

[6]            
This claim involves a staged fire of a 1988 Cavalier vehicle in which
Ahmad Ahmadi set fire to the vehicle.  The sum of $3,445.59 was paid out on
this claim.

Liability

[7]            
The plaintiff, ICBC, obtained subrogated rights in respect of all four
claims at issue and was the direct victim of fraud in respect of the insurance
claims.  I find that it is entitled to judgment in respect of claim number one
and number four against Ahmad Ahmadi for special costs of $2,363.81 and $3,445.59
respectively.

[8]            
I find that ICBC is entitled to judgment in respect of claims number two
and three for special costs against Ahmad Ahmadi and Dawood Shahin Husseinian
jointly and severally in the amounts of $21,985.75 and $4,937.12 respectively.

Punitive Damages

[9]            
Following the decisions of Justice Arkell in ICBC v. Lee, [1997]
B.C.J. No. 3135 (S.C.) and Madam Justice Gerow in Insurance Corporation
of British Columbia v. Husseinian, 2008 BCSC 241, punitive damages are
appropriate, as the conduct in these cases involved in these claims is a fraud
on all motorists and represents highly reprehensible conduct, not only
involving fraud but involving the use of considerable public resources and
gratuitous danger to the public.

[10]        
In the circumstances, I award the sum of $60,000 in punitive damages
against Mr. Ahmadi, who is involved in all four frauds, and $30,000
against Mr. Husseinian, who is involved in two frauds.

Costs

[11]        
With respect to costs, the plaintiff is entitled to its costs at Scale C.

“The
Honourable Mr. Justice Savage”