CITATION: Farjad-Tehrani v. Karimpour, 2010 ONCA 326
DATE: 20100504
DOCKET: C50476
COURT OF APPEAL FOR ONTARIO
Moldaver, MacPherson and Watt JJ.A.
BETWEEN:
Negin Farjad-Tehrani
Applicant (Respondent)
and
Mehran Karimpour
Respondent (Appellant)
Mehran Karimpour, appellant appearing in person
Dani Z. Frodis, for the respondent
Heard: April 29, 2010
On appeal from the judgments of Justice Susan Himel of the Superior Court of Justice, dated December 19, 2008 and April 23, 2009.
APPEAL BOOK ENDORSEMENT
[1] The appellant appeals the judgments of Himel J. dated December 19, 2008 and April 23, 2009 relating to the division of matrimonial property upon divorce.
[2] The respondent conceded that the application judge erred in her determination that the net proceeds from the sale of the Marthclare property were $104,503.77. This mistake stemmed from an error in the respondent’s net family property statement. The correct number was $94,646.99, thereby making the respondent’s half interest entitlement $47,323.50. Paragraph 3 of Himel J.’s Order should be amended accordingly.
[3] In all other respects, we would dismiss the appeal. In particular, there is no basis to interfere with the application judge’s conclusion relating to the issue of $140,000 given to the couple by the appellant’s parents. The application judge’s analysis tracked the analysis set out in Pecore v. Pecore, 2007 SCC 17, [2007] 1 S.C.R. 795 and her conclusion that the money was a gift, not a loan is supportable on the record. If follows that we see no error in the application judge’s equalization calculation.
[4] Finally, the application judge carefully explained how she reached her costs award of $50,000 plus disbursements and GST. A consideration of two offers to settle was central to her analysis. Moreover, we note that the appellant sought costs of $49,000 on the application.
[5] The appeal is dismissed with the one exception noted above. The respondent is entitled to her costs of the appeal fixed at $12,000 inclusive of disbursements and GST.