A B.C. Supreme Court judge has found two men fraudulently staged a traffic crash in Surrey after ICBC launched a lawsuit against 13 defendants claiming they tried to defraud the corporation.
The two men are Basim Mansur and Yasir Khayyoo.
Justice Michael Brundrett dismissed ICBCsa国际传媒檚 case against the 11 other men and women, finding ICBC sa国际传媒減ainted its allegations of civil fraud with too broad of a brush.sa国际传媒�
The Insurance Corporation of British Columbia took 13 people to court sa国际传媒� Basim and Besma Mansur, Jenvian Dawood, Melad Putrus Hana, Sandra Azez, Johni Soko, Faris Al-Toos, Maykil Zaya, Nehad Nader, Tofen and Yasir Khayyoo, Aneez Jameel, and Ayman Jamil sa国际传媒� in B.C. Supreme Court in Vancouver, alleging their involvement in fraudulent personal injury and property damage claims related to three Surrey traffic crashes.
The collisions were on May 29, 2010, Aug. 11, 2013 and Aug. 17, 2013.
sa国际传媒淚CBC says that the three collisions amounted to substantial frauds on the insurance ratepayers of British Columbia,sa国际传媒� Brundrett noted.
The first collision was at the intersection of 104th Avenue and 152nd Street in Guildford involving a Suzuki owned by Basim Mansur. His sister Besma Mansur was driving, with Jenvian Dawood sa国际传媒� Basim and Besma Mansursa国际传媒檚 mother sa国际传媒� in the front passenger street.
The Suzuki was rear-ended by a Dodge Caravan owned by Jack Yako, with his brother Jan Yako in the front passenger seat. Neither of the Yakos were alleged to have committed fraud.
Brundrett dismissed ICBCsa国际传媒檚 claim against the defendants in this crash, stating, sa国际传媒淚 cannot find that Basim Mansur committed a civil fraud, or that Besma Mansur and Jenvian Dawood were complicit in a fraud committed by him.sa国际传媒�
Meanwhile, ICBCsa国际传媒檚 lawyers argued that the second and third crashes, in 2013, were staged as part of a fraudulent insurance claim. The second crash, at 101A Avenue and 148th Street in Guildford, happened at 1:45 a.m. and police arrived at the scene within two minutes.
sa国际传媒淭he nature of the collision was that a 2003 Audi A4 sedan, travelling west on a side-street, being 101A Avenue, and driven by either Johni Soko or Maykil Zaya, went through a stop sign and struck or T-boned a 2000 Nissan X-Terra SUV owned and driven by Melad Hana,sa国际传媒� the judge noted. sa国际传媒淢r. Hanasa国际传媒檚 Nissan was northbound on 148th Street when it was hit.sa国际传媒�
Brundrett found no direct evidence that this crash had been staged. He dismissed ICBCsa国际传媒檚 case alleging civil fraud in this crash as well, finding that sa国际传媒渙n the whole of the evidence I cannot find that ICBC has proven that the collision was staged, or that the defendants either knew or were wilfully blind to the fact that they were going to be involved in a staged collision before it occurred.sa国际传媒�
The third crash sa国际传媒� on Aug. 17, 2013 sa国际传媒� happened at the intersection of 144th Street and 84th Avenue in Newton, and involved a blue 2000 Porsche 911 Carrera convertible owned by Basim Mansur being hit from behind by a green 2006 Chevrolet Uplander van owned by Yasir Khayyoo.
The court heard Mansur was the lone person in the Porsche and Khayyoo driving the Chevrolet, with Aneez Jameel as his front passenger and his brother Ayman Jamil sa国际传媒� they spell their surname differently sa国际传媒� as his right rear passenger.
Basim Mansur and Yasir Khayyoo both made personal injury claims related to this crash, with ICBC paying out a total $34,007.72. Aneez Jameel and Ayman Jamil had also filed personal injury claims but subsequently withdrew them.
Brundrett noted that ICBC argued at court that this collision sa国际传媒渨as the product of an agreement amongst the occupants of both vehicles to stage a motor vehicle accident for the purpose of making a fraudulent insurance claim.sa国际传媒� He found that Mansur had staged this third crash sa国际传媒渨ith the aid of Mr. Khayyoosa国际传媒� but decided on a balance of probabilities that ICBCsa国际传媒檚 claim of civil fraud had not been made out against Aneez Jameel or Ayman Jamil.
The judge in his Dec. 31 awarded ICBC general and specific damages against Mansur and Khayyoo to the tune of $34,007.72, as suggested by ICBC, and $10,000 in punitive damages against Mansur.
sa国际传媒淢r. Mansur was the initiator of the plot to stage the collision, and he covered up his conduct repeatedly,sa国际传媒� Brundrett found. sa国际传媒淗e organized a deliberate scheme to defraud the publicly-owned plaintiff.sa国际传媒�
As for Khayyoo, the judge said, his sa国际传媒渃onduct in deliberately participating in a scheme to defraud ICBC is reprehensible and deserving of rebuke. However, Mr. Khayyoo was not the operating mind behind the fraud.sa国际传媒�
Brundrett noted Khayyoo had only recently arrived in Canada, sa国际传媒渂adly needed money, and was vulnerable to being improperly influenced by Mr. Mansur.
sa国际传媒淚mportantly, after initially giving a false statement, Mr. Khayyoo came forward on his own initiative and admitted to his role in the affair. He was contrite, apologetic and cooperated with ICBC. He later testified in what I find was a forthright manner at trial.sa国际传媒�
Brundrett said Khayyoosa国际传媒檚 evidence was critical in proving the third collision had been staged and sa国际传媒渆ndured intimidation for doing so.
sa国际传媒淣ormally, someone in his situation might expect a significant award for punitive damages against them,sa国际传媒� Brundrett said. sa国际传媒淗owever, in these exceptional circumstances, I would decline to make an award of punitive damages against Mr. Khayyoo.sa国际传媒�
Paul Evans, the lawyer who represented Besma Mansur and Jenvian Dawood, told the Now-Leader his clients are on one hand pleased the judge accepted their evidence. sa国际传媒淭heysa国际传媒檝e maintained all the time that they were honest and forthright in their dealings with ICBC, and the judgment obviously confirms that.sa国际传媒�
sa国际传媒淥n the other hand,sa国际传媒� Evans added, sa国际传媒渋tsa国际传媒檚 still a lingering element of frustration that itsa国际传媒檚 taken the better part of a decade for the legal proceedings to get to where they are now.
sa国际传媒淭heysa国际传媒檙e still not entirely over, as theresa国际传媒檚 going to be the question of costs and of course theysa国际传媒檝e gone to tremendous personal and legal cost getting to where they are today,sa国际传媒� he said. sa国际传媒淭hey are both of very modest means, fighting a corporation with potentially limitless resources.sa国际传媒�
tom.zytaruk@surreynowleader.com
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