Sharifpour v. Rostami

Sharifpour v. Rostami

Application to waive the requirement to file a transcript is dismissed because the appeal is fact‑intensive and framed around alleged errors in the trial judge's assessment of evidence; appellant is granted leave to file an amended factum by a fixed date to attempt to narrow issues to legal questions, otherwise a full transcript must be filed; if parties cannot agree on exclusions the registrar will settle the transcript and timelines for respondent filings will not run until the transcript is settled.

Citation
2019 BCCA 61
Parties
Appellant/respondent on Cross Appeal (claimant): Cyrous Sharifpour; Respondent/appellant on Cross Appeal (defendant): Parisa Rostami; Respondents/appellants on Cross Appeal (defendant): Hassan Dehkhodaei Dehaghi
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
4 February 2019
Procedural Posture
Appeal From Supreme Court of British Columbia / Chambers Application to Waive Transcript Requirement; Interlocutory
Outcome
Application dismissed; appellant given leave to amend factum by deadline; directions given for settlement of transcript contents and suspension of filing timelines; respondent awarded costs.
Legal Topics
Transcript Requirement, Court of Appeal Rules, Leave to Amend Factum, Registrar Settlement of Transcript, Costs
Source Language
English
Appeal Procedure Family Law Civil Procedure Transcript Requirement Court of Appeal Rules Leave to Amend Factum Registrar Settlement of Transcript Costs

Case Brief

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Parties

Cyrous Sharifpour

Appellant/respondent on Cross Appeal (claimant)

Parisa Rostami

Respondent/appellant on Cross Appeal (defendant)

Hassan Dehkhodaei Dehaghi

Respondents/appellants on Cross Appeal (defendant)

Procedural Posture

Appeal From Supreme Court of British Columbia / Chambers Application to Waive Transcript Requirement; Interlocutory

Legal Issues

  1. 1 Whether the requirement to file a transcript of trial evidence may be waived
  2. 2 Whether an appellant may rely solely on documentary evidence to avoid filing a transcript
  3. 3 Whether the appellant can reframe the appeal to raise only legal issues that avoid the need for a full transcript

Ratio Decidendi

Application to waive the requirement to file a transcript is dismissed because the appeal is fact‑intensive and framed around alleged errors in the trial judge's assessment of evidence; appellant is granted leave to file an amended factum by a fixed date to attempt to narrow issues to legal questions, otherwise a full transcript must be filed; if parties cannot agree on exclusions the registrar will settle the transcript and timelines for respondent filings will not run until the transcript is settled.

Court Disposition

Application dismissed; appellant given leave to amend factum by deadline; directions given for settlement of transcript contents and suspension of filing timelines; respondent awarded costs.

Orders

  • Application to waive requirement to file a transcript is dismissed.
  • Appellant has leave to file an amended factum no later than February 28, 2019.