Hughes v. Khalighi, (2008) 262 B.C.A.C. 121 (CA)

JudgeChiasson, J.A.
CourtCourt of Appeal (British Columbia)
Case DateOctober 29, 2008
JurisdictionBritish Columbia
Citations(2008), 262 B.C.A.C. 121 (CA);2008 BCCA 469

Hughes v. Khalighi (2008), 262 B.C.A.C. 121 (CA);

    441 W.A.C. 121

MLB headnote and full text

Temp. Cite: [2008] B.C.A.C. TBEd. NO.034

Ariana Hughes also known as Ariana Khalighi (respondent/plaintiff) v. Nader Khalighi (appellant/defendant)

(CA036229; 2008 BCCA 469)

Indexed As: Hughes v. Khalighi

British Columbia Court of Appeal

Chiasson, J.A.

November 18, 2008.

Summary:

Spouses divorced. A lengthy divorce trial ensued. The husband appealed the result, inter alia, respecting custody of the spouses' only child, who lived with the wife in New Zealand. The husband applied for an order directing the release of funds (net proceeds of the sale of the matrimonial home) presently held in trust by the wife's solicitor. The wife applied to have the appeal dismissed as abandoned.

The British Columbia Court of Appeal, per Chiasson, J.A., dismissed the husband's application and allowed the wife's application. The appeal was dismissed as abandoned.

Practice - Topic 8862

Appeals - Quashing or dismissal of appeals - Grounds for - Spouses divorced - A lengthy divorce trial ensued - The husband appealed the result, inter alia, respecting custody of the spouses' only child, who lived with the wife in New Zealand - The wife applied to have the appeal dismissed as abandoned - The British Columbia Court of Appeal, per Chiasson, J.A., allowed the wife's application - The appeal was dismissed as abandoned - The husband brought the appeal on the final day of the required time - The material required to perfect the appeal was not filed on time and the husband obtained an order extending the time to perfect the appeal - The husband had not complied with the order where he had not filed the required material - As a matter of policy and from a practical perspective, the court could not overrule or go behind the previous order - The appeal related to the trial judge's findings of fact respecting custody matters - A division of this court was unlikely to interfere with those findings - While the husband generally had remained within time limits, he had taken all steps at the last minute - He was in violation of a court order - On the evidence, he had made no genuine step to comply - His plan to obtain money from funds held in trust was unlikely to succeed - He had no realistic plan for the future administration of this appeal - The appeal was without merit - See paragraphs 16 to 38.

Practice - Topic 9202

Appeals - Abandonment of appeal - What constitutes an abandonment - [See Practice - Topic 8862 ].

Cases Noticed:

Davies v. Canadian Imperial Bank of Commerce (1987), 15 B.C.L.R.(2d) 256 (C.A.), refd to. [para. 17].

Farmers Insurance Co. of Oregon v. Brown (2005), 218 B.C.A.C. 285; 359 W.A.C. 285; 2005 BCCA 577, refd to. [para. 23].

Majormaki Holdings LLP v. Wong et al. (2008), 261 B.C.A.C. 212; 440 W.A.C. 212; 2008 BCCA 422, refd to. [para. 24].

K.V.P. v. T.E., [2001] 2 S.C.R. 1014; 275 N.R. 52; 156 B.C.A.C. 161; 255 W.A.C. 161; 2001 SCC 60, refd to. [para. 34].

K & M Crane and Equipment Rentals Ltd. v. Deer Trail Development Ltd. et al. (1999), 131 B.C.A.C. 201; 214 W.A.C. 201; 71 B.C.L.R.(3d) 184; 1999 BCCA 676, refd to. [para. 36].

Biomet Mining Corp. v. NTBC Research Corp. et al., [2002] B.C.A.C. Uned. 27; 2002 BCCA 159, refd to. [para. 36].

Counsel:

Nader Khalighi, appellant, appearing in person;

G. Gordon and G. Raphanel, for the respondent.

These applications were heard in Chambers on October 29, 2008, at Vancouver, B.C., by Chiasson, J.A., of the British Columbia Court of Appeal, who delivered the following judgment on November 18, 2008.

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2 practice notes
  • Stewart v. Canada (Attorney General) et al., 2012 BCCA 305
    • Canada
    • British Columbia Court of Appeal (British Columbia)
    • July 4, 2012
    ...to. [para. 12]. Booty v. Hutton (2009), 275 B.C.A.C. 139; 465 W.A.C. 139; 2009 BCCA 375, refd to. [para. 12]. Hughes v. Khalighi (2008), 262 B.C.A.C. 121; 441 W.A.C. 121; 2008 BCCA 469, refd to. [para. Statutes Noticed: Court of Appeal Act, R.S.B.C. 1996, c. 77, sect. 25(5) [para. 1]; sect.......
  • First Majestic Silver Corp. et al. v. Davila et al., 2013 BCCA 458
    • Canada
    • British Columbia Court of Appeal (British Columbia)
    • October 9, 2013
    ...Insurance Co. of Oregon v. Brown (2005), 218 B.C.A.C. 285; 359 W.A.C. 285; 2005 BCCA 577, refd to. [para. 19]. Hughes v. Khalighi (2008), 262 B.C.A.C. 121; 441 W.A.C. 121; 2008 BCCA 469, refd to. [para. International Hi-Tech Industries Inc. v. FANUC Robotics Canada Ltd. et al. (2007), 250 B......
2 cases
  • Stewart v. Canada (Attorney General) et al., 2012 BCCA 305
    • Canada
    • British Columbia Court of Appeal (British Columbia)
    • July 4, 2012
    ...to. [para. 12]. Booty v. Hutton (2009), 275 B.C.A.C. 139; 465 W.A.C. 139; 2009 BCCA 375, refd to. [para. 12]. Hughes v. Khalighi (2008), 262 B.C.A.C. 121; 441 W.A.C. 121; 2008 BCCA 469, refd to. [para. Statutes Noticed: Court of Appeal Act, R.S.B.C. 1996, c. 77, sect. 25(5) [para. 1]; sect.......
  • First Majestic Silver Corp. et al. v. Davila et al., 2013 BCCA 458
    • Canada
    • British Columbia Court of Appeal (British Columbia)
    • October 9, 2013
    ...Insurance Co. of Oregon v. Brown (2005), 218 B.C.A.C. 285; 359 W.A.C. 285; 2005 BCCA 577, refd to. [para. 19]. Hughes v. Khalighi (2008), 262 B.C.A.C. 121; 441 W.A.C. 121; 2008 BCCA 469, refd to. [para. International Hi-Tech Industries Inc. v. FANUC Robotics Canada Ltd. et al. (2007), 250 B......

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