COURT OF APPEAL FOR BRITISH COLUMBIA

Citation: Talebpourazad v. Bandpey, 2022 BCCA 352

Date	2022/10/21
Docket:	CA47494

Between:

Mohammad Talebpourazad also known as Mike Talebpourazad | Appellant (Respondent) also known as Mike Pourazad

And Marzieh Bandpey also known as Shiva Bandpey | Respondent (Claimant)

Before:

The Honourable Madam Justice Newbury
The Honourable Mr. Justice Butler
The Honourable Madam Justice DeWitt-Van Oosten

On appeal from: An order of the Supreme Court of British Columbia, dated April 23, 2021 (Bandpey v. Talebpourazad, 2021 BCSC 763, Vancouver Docket E192002).

Summary:

Following a 14-day trial, the judge set aside a marriage agreement, imputed the existence of undisclosed foreign assets and income, divided family property and ordered lump sum spousal support. The appellant husband applies to admit fresh evidence concerning the imputation of foreign assets and advances several grounds of appeal challenging the conclusions reached by the judge. He also appeals an order that assigned responsibility to him for payment of the full amount of a family debt: capital gains taxes that were payable on the disposition of two properties in British Columbia. Held: Appeal allowed, but only to the extent of clarifying the order requiring the husband to pay capital gains tax on the two properties and the terms of the order regarding the sale of a third property. The application to admit fresh evidence is dismissed. The appellant is unable to identify any error in the judge’s statement or application of the relevant legal principles to the discretionary decisions he made regarding the imputation of undisclosed foreign assets and income, division of property and the award of lump sum spousal support.

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