seyqelealy Sead / De Sanur ornate tronique : 16-Jun-2023 Court File No./N° du dossier du greffe : C\V-23-00695711-000 ~joraaegonene eo. vce, see Shin Doi Court Fild't08,14CV-23-006957 11-0000 ONTARIO sce uttirat’ SUPERIOR COURT OF JUSTICE TWEEN: MARY YOUNG Plaintiff sand = MASONRY DOCTORS; PATRICK HIGGINS, PAATRICK MICHAEL HIGGINS also known as MICHAEL PATRICK HIGGINS, PATRICK ALAAADIN ALRADHI also known as ALAAALDIN ALRADHI, MOHANNED IRFAN WAJDI, K-YANA KAMALI, INFORM INTERIORS, MOHAMMAD JAVAD HOOSHMAND, JALEH MARANDI, MOHAMMADHOSSEIN ARABKARIMI, AMIR FAKROLDIN RAHIMI. SHIBAN CANADA INC., SEYEDEH SEPIDEH HOSSEINI DINANI HISHAM AL-NAKDY, WAEL AL-VODHAFFER, EDWARD DEAN BIELERT 2712865 ONTARIO LTD, operating as ATLEXCHANGE, JALAL PARHIZKAR, JAVAD KERACHIAN, AMIR KHEIRI, SULTAN FINANCIAL SiERVICES INC. , FARES SULTAN also known es MOFAMAD FARES SULTAN, IMAD BALHAWAN, 11865836 CANADA LIMITED operating as HATRA UNION, SALEH ALI SALEH, JOHN DOE ACCOUNTHOLDERS(S) and JOHN DOE CONTRACTOR(S) Defendents AMENDED AMENDED STATEMENT OF CLAIM ‘TO THE DEFENDANTS: A LEGAL PROCEEDING HAS BEEN COMMENCED AGAINST YOU by the plaintiff. The claim made against you is set out in the following pages. IF YOU WISH TO DEFEND THIS PROCEEDING, you or an Ontario lawyer acting for you must prepare a statement of defence in Form 18A prescribed dy the Rules of Civil Procedure, serve it on the plaintiff's lawyer o-, where the plaintiff does not have 2 lawyer, ve it on the plaintiff, and file it, with proof of service, in this court office, WITHIN, TWENTY DAYS after this statement of cieim is served on you, if you are served in Ontario1 Déposs par voie électronique : 46-Jun-2023 Court File No./N® du dossier du greffe : GV-23-00695711-0000) ot Cour of ution! Cour supérieure de justice If you are served in another province or territory of Canada or in the United Stat cof America, the period for serving and filing your statement of defence is forty days. If you re served outside Canada and the United States of America, the period is sixty days. Instead of serving and filing a siaternent of defence, you may serve and file a notice of intent to defend in Form 18B prescribed by the Rules of Civil Procedure. This will entitle you to ten more days within which ve § snare Cour of Jusioe / Cour supérieure de justice AND TO: AND TO: AND TO: AND TO: AND TO: AND TO: AND TO: AND TO: AND TO: AND TO: AND TO: AND TO: AND TO: PATRICK HIGGINS dune 2 St. Clair Avenue West Toronto, Ontario M4V 1 and 900 York Milis Road Toronto, Ontario M3B 3H2 and 6043 Coxswain Crescent Mississauga, Ontario LSV 229 PATRICK MICHAEL HIGGINS. also known as MICHAEL PATRICK HIGGINS PATRICK ALAAADIN ALRADHI also known as ALAAALOIN AlLRADHI MOHANNED IRFAN WAJDI KIYANA KAMALI INFORM INTERIORS MOHAMMAD JAVAD HOOSHMAND JALEH MARANDI 76 Aldershot Crescent North York, Ontario M2P IM41 MOHAMMADHOSSEIN ARABKARIMI AMIR FAKROLDIN RAHIMI SHIBAN CANADA INC, SEYEDEH SEPIDEH HOSSEINI DINANI LAETH HISHAM Ai_-NAKOY Court File No./N® du dossier du greffe : CV-23-00695711-0000)‘viea ty lal epost par vole lectronique : 18-Jun-2023, Court File No./N® du dossier du greffe : CV-23-006957 1 (0 € shor Cour of Justis / Cour supérieure de justice AND TO; WAEL AL-MODHAFFER 389 Hinton Terrace Milton, Ontario L9T_7K6 and 521 Thompson Road South Milton, Ontario LOT 721 AND TO: EDWARD DEAN BIELERT 119 Cairns Place Salt Spring Island, British Columbia V8K OAS AND TO: 21712865 ONTARIO LTD, operating as AT! EXCHANGE 6080 Yonge Street - Suite 206 North York, Ontario and 6126 Yonge Street, 201 North York, Ontario M2M 3W7 and 15 Northtown, 1015 North York, Ontario M2N 7A2 AND TO: JALAL PARHIZKAR 6080 Yonge Street — Suite 206 North York, Ontario and 6126 Yonge Street, 201 North York, Ontario M2M 3W7 and 15 Northtown, 1015 North York, Ontario _M2N 7Aoie fy fla Déposé par vole électronique : 16-Jun-2023, Court File No./N® du dossier du greffe : CV-23-006957 11-0000 ‘av § u9encr Court af Justice J Cour supérieure do justice AND TO; JAVAD KERACHIAN 6080 Yonge Street — Suite 206 North York, Ontario and 6126 Yonge Street, 201 North York, Ontario M2M 3W7 and 15 Northtown, 1015 York, Ontario M2N 7A2 AND TO: AMIR KHEIRI lsworth / Richmond Hil, Ontario. LAC 9NB AND Ti SULTAN FINANCIAL SERVICES INC. 101-2395 Cawthra Road Mississauga, Ontario L5A 2W6 and 37-2399 Cawthra Road Mississauga, Ontario L5A 2W9 AND TO; FARES SULTAN AKA MOHAMAD FARES SULTAN 101-2395 Cawthra and 37-2399 Cawthra Road Mississauga, Ontario 5A 2W9 and 3880 DUKE OF YORK BLVD - 2610 issauga, Ontarivical) vlad Déposs par vole électronique : 16-Jun-2023 Court File No.IN° du dossier du greffe : CV-23-006957 11-0 so Suneree Gaur of Juste [Cour supérieure de justice AND TO: AND TO: AND TO: AND TO: AND TO: IMAD BALHAWAN 101-2395 Cawthra Road Mississauga, Ontario LSA 2W5 and 37-2399 Cawthra Road Mississauga, Ontaro_ LSA 2W9 41865838 CANADA LIMITED operating as HATRA UNION 7777 Weston Road, Unit 128 Vaughan, Ontario L4L.0G9 SALEH ALISALEH 307 Village Green Drive JOHN DOE ACCOUNTHOLDER(S) JOHN DOE CONTRACTOR(S)vrie3ly Sad / Déposé par voie électronique : 16-Jun-2023 Court File No./N° du dossier du greffe : CV-23-00695711-000 vp Saar Gout of ustoe / Cour supérieure de justice CLAIM The plaintif, Mary Young ("Young") claims against the defendants a) Damages in the amount of no less than $1,114,066.00 for breach of contract, fraudulent risrepresentation, fraud, deceit, misappropriation/conversion, unjust enrichment and conspiracy; a(i), A tight to the specific funds solicited from her and paid to the respective defendants; b) Punitive, aggravated and exemplary damages in the amount of $100,000.00; A declaration that any judgment granted as against the defendants constitutes a debt or liability that shall not be released by an order of discharge from bankruptcy pursuant to the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3, or any similar statute or regulation: d) A declaration that the defendants hold their real and personal property in trust for the benefit of Young, on the basis of a constructive trust, resulting trust and/or implied trust, to the extent that Young's funds may be traced thereto; 2) A declaration that Young possesses an equitable interest in the real and personal property of the defendants, including specifically, 99 Hastings Avenue, Pointe-Cizire, Quebec (the “Hastings Property”) as identified in Schedule *A’;sciese ay Shad / Baposé par vole Slectronique : 16lur-2028 Court File NoJN® du dossier du greffe : CV-23-006957 11-0000 ‘sper or Court of ustee J Cour supérieure de justica {) A declaration that all money tvansferred by Young to the defendants, as well as the proceeds of by property purchased with said funds, are/were held for the benefit of Young, on the basis of a constructive trust, resulting trust and/or implied trust; 9) An equitable tracing order allowing Young to trace the monies obtained and/or converted from Young into the assets properties, undertakings and interests of the defendants, including but not limited to monies in any account whosesoever situation, held by or on behalf of the defendants through any financial institutions, accounts or deposit facilities in the name(s) of the defendants and/or into or through any assets purchased by the defendants with Young's funds and to recover same; h) An interim, interlocutory and permanent injunction order in the form of a worldwide Mareva injunction restraining the defendants, and their servants, agents, assigns, officer, directors and anyone else acting on their behaif or in conjunction with them, and any and all persons with notice of this injunction, from, cirectly or indirectly, by any means whatsoever: (a) Disposing of. selling, removing, dissipating, alienating, transferring, assigning, encumbering or similarly dealing with any of their assets, wherever situated, including but not limited to all monies held in bank accounts, except fo the extent necessary to meet reasonable daily expenses; (b) __ Instructing, requesting, counselling, deranding or encouraging any other person to do so; and (c) Facilitating, assisting in, aiding, abetting, or participating in any acts the effect of which is to do so.sicaicaly fad Dépos8 par voia lectronique : 16-Jun-2023, Court File No./N® du dossier du greffe : CV-23-006957 11-0000) rio € 961 c€ Court of ates I Cour supérieure de justice i) A mandatory order requiring the defendants to deliver forthwith an accounting of all assets, effects and property of the defendants, including any accounts and improper dissipation thereof, and all money had or received by the defendants, or any person or entity on their behalf, and all the dealings and transaction between Young and the defendants, and an Order for disgorgement of these amounts to Young, }) An interlocutory and finai injunction pursuant to sections 101 and 102 of the Courts of Justice Act and Rules 40 and 45.01 of the Rules of Civil Procedure, for the immediate custody and preservation of all business records of the defendants at the following addresses: 2 St. Clair Avenue West, Toronto, Ontario, M4V “L5, 900 York Mills Road, Toronto, Ontario, M3B 3H2, 6043 Coxswain Crescent, Mississauga, Ontario LSV 229 and such other addresses where the defendants carry on business in Ontario; k) An interlocutory and final injunction pursuant to section 101 of the Courts of Justice Act and Rules 40, 45.01 and/or 45.024 of the Rules of Civil Procedure, for the custody or preservation of monies on deposit at TD Canada Trust, Transit Number 43821, Institution Number 004, Account Number 6465662 (CAD) and Transit Number 4382*, Institution Number 004, Account Number 7138782 (USD), 317 Bivd. Brunswick, Pointe- Claire, PQ, M9R 5M7, TD Canada Trust, Transit Number 03372, Institution Number 004, Account Nurnber 6441475, and TD Canada Trust, Transit Number 30882, Institution Number 004, Account Number 6196355 and any accounts to which Young's funds have been ‘ransferred, 1) Pre and post-judgment interest as per with the Courts of Justice Act: m) Costs of this action; and n) Such further and other relief as this Honourable Cour: may permit.icaly ‘lad Déposé par vole électronique : 16-Jun-2023 Court File No.IN° du dossier du greffe : CV-23-00695711-0900 ve Sasere Cour of Justice / Cour supéreure de justice THE PARTIES 2 Young is an individual residing in Toronto, Ontario. Young is a retired Wanager of Sales Operations (Multicom Media), former Technical Representative (Waters/Millipore) and research Biochemist (H.S.C.). a Young resides at 331 Keewatin Avenue, Toronto, Ontario M4P 2A4 (the “Property’), with her adult-caughter, Shona Dicks/Young (“Shona’). ‘ Young is the primary ceregiver for Shona, who suffers from a genetic condition known as Ehlers Danlos Syndrome. Shona is uneble to work and is extremely unlikely te be able to do so in the future. 5 The defendant, Masonry Doctors (“Masonry Docters”) is an unknown eatity operating out of Toronto, Ontario and allegedly orovides masonry anc other consiruetion services. 6. The defendant, Patrick Higgins (‘Higgins’) is an individual who is believed to reside in Ontario. i At all material times, Higgins represented himself to be the principal of sony Doctors. 8 The defendant, Patrick Michael Higgins also known as Michael Patrick Higgins ("Mike") is an individual who is believed to reside in Ontario, and is the vidual specifically defined as “Mike” below, who was allegedly Higgins’ father 9. The defendant, Patrick Alaaaciin Alradhi also known as Alaaaldin Alradhi (/Aradh?’) is an individual residing in Ontario, unknown to Young, and was an individual to whom Higgins directed Young to make payment to via bank draftrricaySiad/ Déposé par voie électronique : 16-Jun-2023 Court File No./N® du dossier du greffe : CV-23-00695711-0) vo $ anerce Cour of Justice / Cour supéreure de justice 0. The defendant, Mohanned Irfan Wajdi (‘Wajdi’) is also an individual unknown to Young, and was also an individual to whom Higgins directed Young to make payment to via bank draft. 41, ‘The defendant, Kiyani Kamali (‘Kamali’) is also an individual unknown to ‘Young, and was also an individual to whom Higgins directed Young to make payment to via oank draft. 12, The defendant, Inform interiors (“Inform”) is aa a corporation based out of British Columbia, operating as an interior furnishing store, uakaows-entity, and was also rected Yourg to make payment to via bank draft. an ently to whom Higgins 5 The defendant, Javad Hooshmand (‘Hooshmand’) is also an incivicuel unknown to Young, residing in Saskatchewan, and was also an individual to whom Higgins directed Young to make payment to via bank draft. 14, The defendant, Jaleh Marandi (‘Marandi’) is also an individual unknown to Young, residing in Ontario, and was also an individual to wnom Higgins directed Young to meke payment to via bank draft. The defendant, Mchammadhcssein Arabkarimi ("Arabkarimi’) is also an individual unknown to Young, and was also an individual to whom Higgins directed Young to make payment to via bank craft. 16, The defendant, Amir Fakroidin Rahimi (‘Rahimi’) is also an indivicual unknown to Young, residing in Ontario, and was also an individual to whom Higgins direcled Young to make payment to via bank draft.sroriea ty sla / Daposé par vole lectronique = 16-Jun-2023, Court File NoJN° du dossier du greffe : CV-23-00695711-0000 rove € s3ene# Cour af Justice / Cour supérieure de justice The defendant, Shiban Canada Inc. (“Shiban’) is an a corporation based out of Quebec, operating as an_pharmaceutical/natural remedies supplier, unknown entity, unkeowe-ertity which is unknown to Young, and was an entity to whom Higgins direcied Young to make payment to via bank draft. The defendant, Seyedeh Sepideh Hosseini Dinani (‘Dinani’) is also an individual unknown to Young, and was also an individual to whom Higgins directed ‘Young to make payment to via bank craft. 19 The defendant, Laeth Hisham ALNakdy (‘Al-Nakdy’) is also an individual unknown to Young, residing in Quebec, ane was also an individual to whom Higgins direcied Young to make payment to via bank drafl. 1a). The_defendant, Wael_Al residing in Ontario. )_is_an_individual sffer_(‘Al-Modhaff 19(b) 20(d). The defendant, Edward Dean Bielert_(‘Bielert’)is_an_individuet residing in Ontario. 9(c),.____The defendant, 21712865 Ontario Lid. operating as AT! Exchange (‘AT: is a federally incorporated entity based out of Ontario, and operates a transferlexchange company. 19(4) The defendant, Jalal_Parhizkar_(“Parhizkar’) is_an_ individual residing in Ontark n officer, director and/or controlling mind of AT). 19) The defendant, Javad Ker Ontario, and is an officer, director and/or controlling mind of ATI. ian_(“Kerachian’) is an individual residing, in 190, The defendant, Amir Kheiri ("Kneiti") is an individual residing in Onterio.suoriea ly lad ( DBpost par vole Blectronique : 16-Jun-2025, Court File No./N® du dessier du greffe : CV-23-006957 11 vo $90 ce Cour of Justoe / Cour supérieure de justice 19(g) The_defendant, Sultan Financial_Servi Inc._(‘SFSI")_is a federally incorperated entity based out of Ontario, anc operates a transfer/exchange company ath) The_defendant, Fares Sultan_also_ known as Mohamad Fares. Sultan (Suan) is an individual residing in Ontario. and is an officer, director and/or controlling mnind of SFSI, 190i). The defendant, Imad Balhawan (‘Balhawan’) is an individual residing in ‘Ontario, and is the controlling mind and/or an agent of SFSI. 30). The defendant, 11865833 Canada_Limited operating as _Hatra Union (‘Hatra’)_ isa federally incorporated entity based_out_of Ontario, and operates a {ransierlexchange company. 1900. The_defendant,_ Saleh Ali_Saleh (‘Saleh’) isan. individual resicing_ in Ontario, and is an officer, director and/or controlling mind of SFS, 20. The defendant, John Doe Accountholder(s), is the individual or individuals wh own the accounts to which Higgins directed Young to make a transfer of funds. individual or individuais who The defendant, John Doe Contractor is t served as contractor(s) and/or sub-contractor(s) at the Property with the other named defendants. ‘THE RENOVATION WORK AT THE PROPERTY ‘The initial Work Young states that on or about June 8, 2022, she met Higgins, whom she understocd to be the principal of Masonry Doctors, to get a quotation for waterproofing o* the basement at the Property (the “Initial Work’),sical Slat/ Déposs par vole Glctronique : 16-Jun-2023 Court File No./N° du dossier du greffe : CV-23-006957 + te Superor Cour of hisoa / Cour supérieure de justice 23, Young states that Higgins represented ano warranted that he, and his company, Masonry Doctors, had the requisite skill and diigence to carry out the Initial Work in a timely and workmanlike manner, fiee of any defects and deficiencies. Young executed a hand-written contract with Higgins/Masonry Doctors on the same day which provided an estimated! value for the Initial Work of $42,210.00. ‘At the instructions of Higgins, Young subsequently paid two bank drafts for payment fer the Initial Work, the particulars of which are: a) Draft 1— To: Masonry Doctors, dated June 8, 2022, for $21,105.00; and b) Draft 2 - To: Patrick Higgins, dated June 9, 2022, for $21,105.00. 26. Young states that the {nitial Work commenced at the Property on or about vune 10 or 11, 2022. ‘The Foundation Repair Work oe Young states that on or about June 14, 2022, she received a call from Higgins asking for a meeting. 28. During said meeting, Higgins represented to Young that the entire founcation of the Property was weak and unstable, and that i left in its existing state the roperty may be condemned by the City of Toronto. 29, Higgins represented that Young would have to replace the entire touncation of the Property. 30. Again, Higgins represented end warranted that he, and his company, Masonry Doctors, had the requisite skill and diligence to cerry out the “Foundation Repeir Work" in a timely and workmanlike manner. free of any defects and deficiencies.ica ‘lst Dépost par vole électronique: 16-Jun-2023 Court File NoJN’ du dossier du greffe : CV-23-09695711-000') “peter Court of Jusiee / Cour supérieure de justice At the advice of Higgins, Young entered into a second agreement with nry Doctors, dated June 14, 2022 with respect to carrying out the Foundation epair Work. 32, Young executed a second han¢-written contract with Masonry Doctors on the same day which provided an estimated value for the Foundation Repair Work at 43,510.00. 33, At the instructions of Higgins, Young subsequently paid three bank drafts for payment for the Foundation Repair Work, the particulars of which are: a) Draft 3 — To: Patrick Alaaadin Alradhi, dated June 15, 2022, for $30,000.00; b) Draft 4 To: Mohanned Irfan Wajdi, dated June 18, 2922, for $93,000; ) Draft 5 — To: Kiyana Kamali, dated June 30, 2022, for $43,510.00. 34. Young states that at all material times, Higgins directed her as to whom the bank drafts were to be made out to, and she was lead to believe by Higgins that the individuals named on the drafts were either other workers/trades/sub-contractors carrying out work at the Property, or suppliers of Higgins, providing supplies for the Property. 38. Young states that since the outset of the Initial Work and Foundation Repeir Work, at all material times, Higgins was diligent in answering her calls, texts and questions and appeared to Young as being diligent at managing the ongoing work at the Project,cco mieay Sad Dép088 par vole électronique ; 16-Jun-2023 Court File No./N° du dessier du greffe : CV-23-006957 11-0000 (Super or Gour of lustee / Cour supérieure de justice ee 36. Young states that throughout her early conversations with Higgins, he frequently mentioned the success of his father in the construction field, including references to his father owning 200 properties world-wice, and Higgins operating 17 trucks previously owned by this father. ‘The Renovation Work 37, Young states that in mid-June, 2022, she mentioned her languishing building permit and expressed her desire to complete renovations to her home if Higgins had carried out that type of work (the "Renovation Work’). 38. Young states that Higgins immediately represented to her that he could se if his father would agree to serve as a sub-contractor and/or provide/share his business contacts to complete the Renovation Work, and that Higgins then proceeded {o call allegedly his father, who on said call, agreed to carry-out the Renovation Work Young states that on June 23, 2022, she provided Higgins with her architectural drawings to obtain a quotetion for the Renovation Work. 40. Young states that sometime thereafter, Higgins introduced her to a man by the name of “Mike”, whom Higgins reoresented was his father. 4 Young states that Higgins and Mike estimated to her that the Renovation Work could only commence in spring, 2023. 42, Young states that Mike began to frequent the Property from that point, evan though the Renovation Work was not underway, and that it appeared to her that Mike was guiding Higgins as to which suppliers and contractors to engage with for completing the ongoing work at the Property.ssvoniea ty lad | Dépos® par vole lectronique : 16-dun-2023, Court File NoJN® du dossier du greffe : CV-23-00695717-0000) ‘1c $u3rce Court of uses Cour supérieure de justice 43. Young states that work at the Property began to slow in late June/July giver the decision to transition from repairing the foundation to digging it out to allow for the Renovation Work. Young states that in late August, 2022, Higgins asked for the architectural drawings again, and stated that the Renovation Work could actually commence in tember, 2022. 45, Young states that at the «ime of these conversations, Higgins and Mike committed to Young that the Renovation Work, based on the architectural drawings provided, would cost no more than $500,000.00. 46. Young also states that Higgins and Mike represented and warranted that they, and Higgins’ company, Masonry Doctors, as well as the contractors they would be using, including Mike, had the requisite skill and diligence to carry out the Renovation Work in a timely and workmanlike manner, free of any defects and deficiencies 47. Young states that she accepted Higgins’ and Mike's quote, but requested 1 lype-writien contract, which despite repeated requests, was never provided At the instructions of Higgins, in September 2022, Young paid five bank crafts for payment of the Renovation Work, the particulars of which are: a) Draft 6 - To: Inform Interiors, dated September 9, 2022, for $20,000.00; b) Draft 7 - To: Mohammad Javad Hooshmanc, dated September 15, 2022, for $20,000.00; ©) Draft 8 - To: Jaleh Maranci, dated September 15, 2022, for $37,550.00;Court File NoN® du dossier du greffe : CV-23-00695711-0) DDéposé par voie électronique = 16-Jun-2023, T Onur of uses! Cour supérieure de justice viet d) Draft 9 - To: Mohammadhossein Arabkarimi, dated September 15, 2022, for $35,000.00; and e) Draft 10 - To: Inform Interiors, dated September 15, 2022, for $102,096.00. Again, Young states that at all material times, Higgins directed her as to whom the bank drafts were to be made out to, and she was lead to believe by Higgins that the individuals named on the drafs were either other workers/trades/sub- contractors carrying out work at the Property, or suppliers of Higgins, providing supplies for the Property. Young states that on or about September 14, 2022, she met Lawrence cach ("Roach") of A Fresh State Plumbing and Renos, whom represented to Young that he was the sub-contractor who would be carrying out the Renovation. 51. Young states that in ai pation of the Renovation Work, Higgins and <2 insisted on assisting her end Shona with packing their belonging, moving their items to storage and moving Shona and Young into their temporary housing during the completion of the Renovation Work, all of which was compieted in or about late tember, 2022. Young states that she understood that the majority of the Renovation k commenced in October, 2022.sirarieaty Sad / Vo Sapien Cour af justice / Cour supéreure de justice 53. At the instructions of Higgins, in early October, 2022, Young paid four bank crafts for payment of the Renovation Work, the particulars of which are: a) Draft 11 - To: A Fresh Stari Plumbing, dated October 7, 2022, for $90,000.00; b) Draft 12 - To: Amir Fakroldin Rahimi, dated October 7, 2022, for $22,800.00; c) Draft 13 - To: Shiban Canada Inc., dated Ociober 7, 2022, for $40,200.00; and d) Draft 14 - To: Seyedeh Sepiden Hosseini Dinani, dated October 7. 2022, for $7,000.00. BA. Young states that et all material times, as before, Higgins directed her as 1c whom the bank drafts were to be made out to, and she was lead to believe by Higgins that the individuals named on the drafts, specifically 12 to 14, were sub- contractors and/or supplies of Roach/A Fresh Start Plumbing, and thereby carrying out work al the Property, or suppliers of Higgins, providing supplies for the Property. As Higgins had represented to Young that A Fresh Strat Plumbing required payment of $160,000 to commence work, since drefts 11 to 14 were for a sinvlar amount, Young believes Higgins’ representation. ‘The Second-Floor Renovation Work 56, Young states thet in or about mid-October, 2022, shortly after commencement of the Renovation Work, Higgins represented so Young that high levels ‘of mould were detected in the second floor of the Property. \ep088 par voie électronique : 16-Jun-2023 Court File No.IN® du dossier du greffe : CV-23-00695711-0000Court File NoJN® du dossier du greffe : CV-23-006957111-0000 rricaly lad / Déposé par vole électronique : 16-Jun-202 216 § upavice Court of Jusice Cour supéreure de justice 57, Young states that higgins and Mike represented to Young that the second floor of the Property must also be renovated 58. Young states that she relied on the representations and advice of Higgins and Mike, and therefore agreed to also carry out the “Second-Floor Renovation Work’ 59, Young states that at the time of these conversations, Higgins and Mike connmitted that the Second-Floor Renovation Work, would cost no more than 400,000.00. 60. Young also states that Higgins and Mike represented and warranted that they, and Higgins’ company, Masonry Doctors, as well as the contractors they would be using, including Mike, had the requisite skill and diligence to carry out the Second-Floor Renovation Work in a timely and workmanlike manner, free of any deficiencies and defects. o. Young states that she accepted Higgins’ and Mike's quote, but again requested a type-written contract, which despite repeated requests, was never provided 62. At the instructions of Higgins, on or about October 26, 2022, Young made ‘a wire transfer of $18,700.00 to an account provided by Higgins for the Renovation Work and/or Second-Floor Renovation Work 63, Said amounts were transferred to TD Canada Trust, Transit Number £3821, Institution Number 004, Account Number 6465662, 317 Blvd. Brunswick, Pointe- Claire, PQ, M9R 5M7, with a listed accountholder named “Laeth A" who was unknown to Young. G4, Young states that the Renovation Work and Second-Floor Renovat! Work continue throughout October.‘vicaly ‘iad Déposs par voie électronique : 16-Jun-2023 ‘Suporte Cour of lustee / Cour supérieure de justice 65. Young states that in early November 2022, when she remembered to inforrn her insurance company of the Renovation Work and Second-Floor Renovation Work, she requested insurance particulars from Higgins and Roach, but only Roach provided his insurance, and despite repeated request, Higgins did not. 63. ‘At the instructions of Higgins, on or about November 7, 2022, Young rade a wire transfer of $275,000.00 to an account provided by Higgins for the eriovation Work and/or Second-Floor Rencvation Work. 67. Said amounts were transferred to TD Canada Trust, Transit Number 0:1372, Institution Number 004, Account Number 6441475, with @ listed accountholder named “Patrick H” 63. Young states that in late November 2022, at the request of Higgins, she prepared a summary of amounts paid for the work to date 69. Young states that during this exercise, upon reviewing the Initial Werk and Foundation Repair Work agreements, she noted that there were mathematical errors in the amounts quoted and paid, such that she was owed approximately $27,000. 70, Young states that when she raised the issue of the overpayment to Higgins, he acknowledged the overpaymen: and represented that he would off-set the ‘amount from any balance left for the remaining work. an Young states that the Renovation Work and Second-Floor Renovation Work continued into December, 2022, and that Higgins had represented to Young that ng intended to have the Second-Floor Renovation Work cornpleted by end of year. Ta. Young states that in mid-December, she received a call from Higgins claiming that Mike’s brother was dying overseas, and therefore Mike would have to leave immediately. Court File No./N® du dossier du greffe : CV-23-0069571vriealy lad / Déposé par voi électroniqua : 16-Jun-2023 Court File No./N® du dossier du greffe : CV-23-00695711-0000) vo § ayer Gout of Justoe / Cour supérieure de justice 7 Young staies that in late December, Higgins requesteds a further payment 0° $127,000 from Young for the Renovation Work and/or the Second-Floor Renovation Work 74, Young states that she was aware that Roach needed funds to continue his \s0@t6 of the work, and therefore she asked Higgins if she should pay Roach directly. 75 Young stales that Higgins called her back and stemly stated that Young was not to discuss funds with Roach. 76. At the instructions of Higgins on or about December 22, 2022, Young made a direct wire transfer of $127,000.00 to an account provided by Higgins for the Renovation Work and/or Second-Floor Rencvation Work. ai Said amounts were transferred to TD Canada Trust, Transit Number 03372, Institution Number 004, Account Number 6441475, with a listed accountholder named “Patrick H”. On or about Decernber 30, 2022, Young received a text message from Higgins stating that the flooring order for the second-floor was completed. Abandonment of the Project 79, Young states that work at the Property stopped for about 1-2 weeks nvound the holidays. 80. Young sates that she sent text messages to Higgins on January § and 12, 2023 to cetermine when the remaining work would re-commence for completion, but received no response.Court File NoJN° du dossier du greffe : Cv-23-006957111- sroriealy ‘iad / Dép0ss par voie électronique : 16-Jun-202 ve Sanarce Cour of Juste / Cour supéreure de justice Young states that on January 13, 2023, Higgins replied to Young and advised her that he was depressed as he had been left by his boyfriend and that he planned to 9e back to work in early February 82. Young states that on January 16, 2023, she met with Roach at the Properly where she came to know that Higgins had told Roach that his father had died, and that Higgins never had a working relationship with Roach prior to her project 83. Young contacted Higgins by WhatsApp on January 17, 2023 without a reply On January 24, 2023, Higgins claimed he would reach out to Roach to instruct hira on the remaining work an¢ outstanding payment issues, but did not do so. B4. Young states that when sne etlempted to arrange pick-up of her flooring on Jenuary 25, 2023, she was told that only a deposit had been paid. 85. Higgins, Masonry Doctors ane their sub-contractors ~ except Roach - all aban‘ioned the work at the Property, leaving the Property in a state of disrepair. 86. To date, no mould, fire or asbestos remediation certificates have been provided and the Initial Work, Foundation Repair Work, Renovation Work and Second- Fioor Renovation Work all remain incornplete. DISTRIBUTION OF YOUNG'S FUNDS 86(a) Alradhi alleges to have. received the subject draft provided to Higgins by Young, via Al-Modhaffer, E00), Alradhi_claims. that_the funds he received via_Al-Modhaffer account of Alradhi's agreement with Al-Mochaffer to act as_a ‘ransfer agent to convert funds paid to an associate of his in jraq, end pay out the equivalent Canadian funds to Alrechi in Canada.{vu $s3etior C of Juice Cour superieure de justice ically“ / Dépasé par vole électronique : 16-Jun-2023 86(0). Bielert_used the drafts provided to Higgins by Young, in the name. of Inform, to put towards the purchase of ready-made kitchen furnishing from Inform for lation at his home. 86(d). Inform has commenced an application in British Columbia against Belert Marandi alleges to have received the subject draft provided to Higgins by ‘Young, via ATI, Parhizkar and/or Kerachian. B6() Marandi_claims_that the funds. she received! via ATI, Parhizkar and/or Kerachian were on account of Maranci s agreement with them or any one of them, to 3 a transfer agent to convert funds oaid to Marandi as part of en inheritance in_Iran, n associate of AT), Parhizkar andio: Kerachian, and pay out act which were transferred t toe equivalent Canadian funds to Marandi in Canada. 89(q). Kheiri used the draft provided to. {allegedly purchase a Rolex watch fro iagins by Y 86(h) Kheiri aimed that he acted as an intermediary for the purchase on behalf of Sultan, and that the subject draft made out to Rahimi was provided to him by Sultan, 89()). Shiban alleges to have received the subject draft provided to Higgins, by ‘Young, via SESI. 86Q). The_bank deposited to the account of Shiban indicates the deposit was made by Balhawan Court File No./N® du dossier du greffe : CV-23-006957 11-0vricaly {lads Déposs par vole électronique : 16-Jun-2028 Court File No./N® du dossier du greffe : GV-23-00695711~ St § anu of Goue of iustoe / Cour supérieure de justice 86(K) Shiban claims that the funds it received via S#S1 were.on account of funs i: wes to receive for_a business agreement overseas in Iraq, and SFSI_was the transfering agent/faciltator_ arrenged to pay out the equivalent Canadian funds. to Shiban in Canada. 88()), Al-Nakdy alleges to have received the subject draft provided to Higgins by ‘All’ and.is believed to be Young, via Hatra and/or an individual who went by the nam Saleh. 86m). AlNakdy_ claims that the funds he received via Hatra and/or Al/Saleh were on account of AkNakdy’s agreement with them or any one of them, to act asa trans’e agent to convert funds paid to Al-Nakdy as part of a sale of a property. in Iraq, which were_transferred_to_an_associale_of Hatra_andior Ali/Saleh, and pay. out the equivalent Canadian funds to Al-Nakdy in Canada DAMAGES OWING TO YOUNG 87. Young seeks damages from the defendants, and specifically, Higgins, Masonry Doctors and Mike for breach of contract. 88. Young states that she entered into agreements with Higgins, Masonry Doctors and/or Mike for the Initial Work, Foundation Repair Work, Renovation Wark and Second-Floor Renovation Work, whereby Higgin's Masonry Doctors and/or Mike agreed to the scope of work for each of the agreements, the price for same and that they had had the requisite skill and diligence to carry out the work for each of the agreements jed in a timely and workmanlike manner, ‘ree of any defects and deficiencies. 89, Young states that by failing to complete the stated work in full or at all, and/or with defects and deficiencies, Higgins, Masonry Doctors and Mike breached the agreements.sweaty sd / Dép088 par vole électronique : 16-Jun-2028, Court File NoJN® du dossier du greffe : CV-23-00695711-09 {ve Suparioe Gaur of Justice Cour supérieure de justice 90. Young also seek damages from the defendants on the basis of fraudulent misrepresentation, fraud and deceit. ot. Young states that over the course of their dealings, Higgins, Masonry Doctors, Mike made several false representations to Young, which includes, but were not limited to: a) That the amounts charged to Young were actual genuine estimates for the necessary work, when in reality the defendants, defrauded Young for funds well above and beycnd the actual work and supplies provided to her Property; b) Representations regarding the scope and nature of the work that was needed to be done at the Property, and also its necessity; c) That Higgins, Masonry Doctors, Mike and the various defendants had the requisite skill and knowledge to carry out the work; and d) That the payments demandec from Young were for workers/trades/sub- contractors carrying out work at the Property, or suppliers of Higgins/;Masonry Doctors providing supplies for the Property. 92. Young states that Higgins has never accounted for the funds she has paid to hin, Masonry Doctors or the other defendants, whom she paid at Higgins’ direction. 93, Young states thet the representations made by Higgins, Masonry Doctors and/or Mike, were all known to be false to them and/or recklessly made.ica Fla Dépose par vole lactronique : 16Jun-2023, Court File No/N° du dossier du greffe : CV-23-00695711 1-000 Sua € sa0ter Cour of Justice / Cour supérieure de justice 94. Young states that the representations made by Higgins, Masonry Doctors and/or Mike, and the actions of the defendants, caused and/or induced Young to act and carry out actions, payments and transactions as requested by Higgins, which were under false pretenses. 95, Young states that the actions, payments and transactions carried out by Young caused her losses as described herein. 96. Young states the defendants and jointly and severally liable to Young in the tort of fraud and deceit. or Young also seek damages from the defendants on the basis of irisappropriation/conversion. 98. The Plaintiff states that the defendants, collectively, or any one of them, misappropriated and/or converted funds which were those of Young and/or specifically paid ‘or the work and supplies at the Property, and used them for their own benefit, or the benefit of their co-conspirators, known only to the defendants. 99, Young seeks damages ‘rom the defendants on the basis of unjust eniricament. 292 Young. states_that_the defendants _who ultimately received _ and/or distriguted the proceeds fraudulently, obtained from her did_so. knowing that they were funds from Young, and that they. did_not have right to disiribution and/or receive said funds, 99(b) In_the alternative. Young states that_the_defendants_who_ultimately received and/or distributed the proceeds fraudulently obtzined from her were willfully blind to the fact that they were funds from Young, and that they did_not have right to di 2 said funds. ipution and/or recelvies ty Fla pose par vole lectronique : 16-Jun-2023, Court File No/N® du dossier du greffe : CV-23-006957111-000( ‘ve £apercr Court of uses J Cour supérieure de justice 93(¢) Young further states that each of the defendants who ultimately received the proceeds fraudulently obtained. from her_has_recourse against. the parties from \ould_have_been received to recover the junds were received andior whem thos funds actually owed to them. 100. Young states that the defendants have been unjustly enriched on account o funds that Young paid them, over and above the actual cost of the work and supplies, and that the defendants derived a disproportionate benefit from those funds to the detriment of Young. Young states that there Is no juristic reason for the defendants’ enrichment to the detriment of Young. 09), Young s specifically, the defendants who ultimately received the proceeds fraudulently obtained from her have been unjustly enriched on acc of said any legal entitlement to funds from.Young, and_that the defendants derived a disproportionate benefit from those funds to the detriment. of ‘Young...Young states that there is no jurist reason for the defendants’ enrichment to ihed funds_as_ they did_not_hi siriment of Young, 100(b). Young. states that_to the exient_that_her funds ised by the ty, that property is held in trust for the of a constructive trust, resulting trust and/or implied trust, defer dants. to acquire real_and_personall pro: bene’it of Young, on the b: to the extent that Young's funds may be traced thereto, or in the alternative, chat Young possesses an_equitable interest in id property, including specifically, 99 Hastings Avenue. Pointe-Claire, Quebec (the “Hastings Property”) as identified in Schedule “A” 101 Finally, Young seeks damages as against the defendants for conspiracy. 102. Young states that as early as June, 2022, the defendants conspired with each other to misadvise and over-quote Young for work at the Property, so that they coule divert funds from her under the guise of being payment for the work.vricaly Fla / Déposs par vole électronique : 16-Jun-2023, Court File No/N® du dossier du greffe : CV-23-00695711- hirof Justee / Cour supérieure de justice 103. Under the conspiracy, the defendants extract as much funds and payments from Young as possible, and then abandon the work, leaving Young with an incomplete and uninhabitable Property, endants' conduct has been callous, high-nanded, 04. Young states that the det intentional, wrongful and outrageous, and shows a wanton disregard of Young, and thereby entitles Young to an award of punitve, exemplary and/or aggravated damages by ths Henourable Court. j04(a), Young states that she are eniitled to serve this claim outside of Ontario without leave of the Court pursuant to Rules 17.02(a), (A). (a),.(i)_andior (p).of the Rules of Civil Procedure. 108. The Plaintiff requests that the trial of this action take place in the City of Toronto. March 3, 2023 KRAMER SIMAAN DHILLON LLP Litigation Counsel 120 Adelaide Street West, Suite 2100 Toronto, Ontario MSH 171 Micheal Simaan #41396A msimaan@kramersimaan.com Rahul Gandotra #70296U rgandotra@kramersimaan.com Tel: (416) 601-6820 Lawyers for the Pizintitfvoleaty “Ia / Déposs par vole électronique : 16-Jun-2023 Court File NoJN° du dossier du greffe : CV-23-0069571 { § 3301 6F Cour of Justice / Cour supérieure de justice SCHEDULE “A” AL. AND MUNICIPAL DESCRIPTION: ADDRESS: 99 Hastings, Pointe-Claire, Quebec, H9R 0G4 Lang Registry: Montreal |Lot 6 346 473 - WALTON LOT #7