What is the test for a finding of significant unfairness under Section 8 of the BCSC's Rules of Civil Procedure?
British Columbia, Canada
The following excerpt is from Sedaghat-Sharifabady v Kavosian-Sharifabadi, 2022 BCSC 339 (CanLII):
The claimant cites the decision Yousefian v. Jafarmadar, 2018 BCSC 855, as an example of an instance in which this subsection was used to ground a finding of significant unfairness. Yousefian is distinguishable on the basis that the respondent was found to have acted in bad faith and had unilaterally disposed of the claimant’s excluded property after separation: at paras. 102-105. The respondent had fraudulently transferred property into his own name and sold property without the claimant’s consent or knowledge. That has not occurred here.
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