We are proud to share a significant result recently achieved by Amanda M. James and Hannah M. Gowans of Apna Law LLP on behalf of our client in Turabi v. Nabi, 2025 BCSC 1773.
After a 22-day trial that spanned both family and civil issues, the Court found in favour of our client, Ms. Turabi. The central dispute was whether money advanced by the respondent’s mother was a loan or a gift. The Court concluded that the funds were a gift, which meant the equity in the Surrey family home was properly family property. Ms. Turabi also secured a favourable property division, a lump-sum spousal support award, and retroactive child support, while the civil claim against her was dismissed in its entirety.
But the story did not end there.
Securing Special Costs
Following the trial, Amanda James and Hannah Gowans successfully argued that Ms. Turabi’s legal fees should be assessed as special costs. The Court agreed, noting that the respondent’s conduct went well beyond mere credibility issues. Justice Majawa found that the respondent had:
- fabricated and forged documents,
- lied under oath in discovery and affidavits,
- and pursued a meritless litigation strategy that made resolution far more difficult.
The Court described this conduct as reprehensible and deserving of sanction.
Full Indemnity for Our Client
Rather than send the matter to a registrar for a lengthy and costly assessment, Justice Majawa summarily fixed the costs at $134,541 — the full amount of our client’s trial legal fees — plus an additional $1,500 for the costs of the additional hearing. Importantly, the Court emphasized that these fees were reasonable and necessary given the complexity of the case and the respondent’s misconduct.
Why This Matters
This result is a powerful reminder that courts will not tolerate fabricated evidence or dishonesty in family litigation. It also underscores the value of thorough preparation, strategic advocacy, and fearless pursuit of justice when the other side engages in misconduct.
For Ms. Turabi, this decision means she is fully indemnified for the legal fees she incurred to secure what was rightfully hers. For us, it is another example of our commitment to achieving meaningful, lasting results for our clients.
If you find yourself in need of legal representation with respect to a family law dispute contact us for an initial consultation.
