Case information
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30807
Daryl Ross Henry v. Celeste Rosanne Henry
(Alberta) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2006-09-13 | Record returned to the Registrar of the Court of Appeal | |
| 2006-08-25 | Appeal closed | |
| 2006-08-01 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2006-08-01 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2006-07-31 |
Judgment on the appeal rendered, CJ Ba LeB De F Abe Cha, The appeal from the judgment of the Court of Appeal of Alberta (Calgary), Number 0301-0273-AC, 2005 ABCA 5, dated January 7, 2005, heard on February 13, 2006, is dismissed with costs. Dismissed, with costs |
|
| 2006-05-05 | Notice of appearance, Heather Spigelski, re: lock-up | Daryl Ross Henry |
| 2006-05-05 | Correspondence received from, Mrs. D. Smith, re: lock-up | Daryl Ross Henry |
| 2006-05-01 | Correspondence received from, Daniel Colborne, re: lock-up | Celeste Rosanne Henry |
| 2006-04-18 | Correspondence (sent by the Court) to, all parties, re: lock-up | |
| 2006-03-01 | Transcript received, (99 pages) | |
| 2006-02-13 | Judgment reserved OR rendered with reasons to follow | |
| 2006-02-13 | Acknowledgement and consent for video taping of proceedings | |
| 2006-02-13 |
Hearing of the appeal, 2006-02-13, CJ Ba LeB De F Abe Cha Judgment reserved |
|
| 2006-02-13 | Appellant's condensed book, 14 copies - distributed in Court. | Daryl Ross Henry |
| 2006-02-10 | Appellant's book of authorities, Supplemental authority to be included in Joint Book of authorities - distributed at the hearing., Completed on: 2006-02-10 | Daryl Ross Henry |
| 2006-01-27 | Notice of appearance, Daniel Colborne and Roy W. Dawson will be appearing. | Celeste Rosanne Henry |
| 2006-01-26 | Notice of appearance, D. Smith and Sue Milne will be appearing. | Daryl Ross Henry |
| 2006-01-17 | Appeal perfected for hearing | |
| 2006-01-16 | Order on motion for leave to intervene, (BY BINNIE J.) | |
| 2006-01-16 |
Decision on the motion for leave to intervene, Bi, UPON APPLICATIONS by the Women's Legal Education and Action Fund, in file number 30808, and the Defence for Children International-Canada and the Canadian Foundation for Children, Youth and the Law, in file numbers 30808, 30807, 30809 and 30837, for leave to intervene in the above appeals; AND THE MATERIAL having been read; IT IS HEREBY ORDERED THAT: The motion for leave to intervene of the applicant, the Women's Legal Education and Action Fund, is dismissed. The motion for leave to intervene of the applicant, the Defence for Children International-Canada and the Canadian Foundation for Children, Youth and the Law, is dismissed. Dismissed |
|
| 2006-01-16 | Submission of motion for leave to intervene, Bi | |
| 2006-01-16 | Respondent's book of authorities, Completed on: 2006-01-16 | Celeste Rosanne Henry |
| 2006-01-16 | Respondent's factum, Completed on: 2006-01-16 | Celeste Rosanne Henry |
| 2006-01-11 | Respondent's record, (Service copy to follow - 11 copies rec'd (Service copy rec'd Jan. 17/06 - 12 copies in total)), Completed on: 2006-01-17 | Celeste Rosanne Henry |
| 2005-12-28 | Response to the motion for leave to intervene, (Letter Form), cc. to all parties, Completed on: 2005-12-28 | Celeste Rosanne Henry |
| 2005-12-23 | Response to the motion for leave to intervene, (Letter Form), cc. to the other parties by fax (request for reply factum included), Completed on: 2005-12-23 | Daryl Ross Henry |
| 2005-12-15 | Motion for leave to intervene, (joint with 30808-809-837), Completed on: 2005-12-15 | Defence for Children International-Canada and Canadian Foundation for Children, Youth and the Law |
| 2005-12-09 | Notice of hearing sent to parties | |
| 2005-12-08 |
Appeal hearing scheduled, 2006-02-13 Judgment reserved |
|
| 2005-11-22 | Correspondence received from, Marie-France Major dated Nov. 22, 2005. Re: Insertion of pages in authorities (Pages changed in all books) | Daryl Ross Henry |
| 2005-11-21 | Book of authorities, 2 volumes (Joint with 30808, 30809 & 30837), Completed on: 2005-11-21 | Daryl Ross Henry |
| 2005-11-21 | Appellant's record, (Vol. I and II), Completed on: 2005-11-21 | Daryl Ross Henry |
| 2005-11-21 | Appellant's factum, Completed on: 2005-11-21 | Daryl Ross Henry |
| 2005-11-10 | Correspondence received, from Lang Michener re: requesting 1 extra week to file Appellant's factum. (cc. to all parties) | |
| 2005-10-20 | Correspondence received from, Mr. Daniel Colborne (Change of address for counsel) | Celeste Rosanne Henry |
| 2005-10-13 | Appeal court record, (1 box - joint with Trial Court record) | |
| 2005-09-16 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2005-09-12 | Notice of appeal, Completed on: 2005-09-12 | Daryl Ross Henry |
| 2005-08-19 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2005-08-19 | Judgment on leave sent to the parties | |
| 2005-08-18 |
Judgment of the Court on the application for leave to appeal, Ma F Abe, The application for leave to appeal from the judgment of the Court of Appeal of Alberta (Calgary), Number 0301-0273-AC, 2005 ABCA 5, dated February 24, 2005, is granted. This case will be heard with D.B.S. v. S.R.G. (30808); T.A.R. v. L.J.W. (30809) and Kenneth Hiemstra v. Geraldine Hiemstra (30837). Granted |
|
| 2005-06-06 | All materials on application for leave submitted to the Judges, Ma F Abe | |
| 2005-05-24 | Correspondence received from, A. Stevenson dated May 24, 2005 (fax copy) re: enclosing revised orders (joint with 30808-9, 30837)(inserted in leave books) | Daryl Ross Henry |
| 2005-05-16 | Correspondence received from, D. Smith dated May 13/05 re: enclosing recent decision from the Ontario C/A | Daryl Ross Henry |
| 2005-04-14 | Applicant's reply to respondent's argument, Completed on: 2005-04-14 | Daryl Ross Henry |
| 2005-04-04 | Respondent's response on the application for leave to appeal, Completed on: 2005-04-04 | Celeste Rosanne Henry |
| 2005-03-11 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2005-03-09 | Application for leave to appeal, Completed on: 2005-03-09 | Daryl Ross Henry |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Henry, Daryl Ross | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Henry, Celeste Rosanne | Respondent | Active |
Counsel
Party: Henry, Daryl Ross
Counsel
1520 - 70 York Street
Toronto, Ontario
M5J 1S9
Telephone: (416) 363-4100 Ext: 26
FAX: (416) 363-4104
Email: dsmith@smithfamilylawgroup.com
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca
Party: Henry, Celeste Rosanne
Counsel
Roy W. Dawson
301 - 888 7th Avenue S.W.
Calgary, Alberta
T2P 3J3
Telephone: (403) 265-5665
FAX: (403) 313-9210
Agent
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Family law - Maintenance - Child support - Child Support Guidelines - Retroactive child support for two children of the marriage - Appellant paying child support pursuant to Divorce Judgment for children in custody of the Respondent - Appellant high income earner but not disclosing income to Respondent - Application for child support and retroactive child support brought under Guidelines for support in accordance with Guideline amount - Appellant’s income much higher than that of the Respondent - Applicable principles for award of retroactive support - Whether Guidelines or Divorce Act, as amended, create an annual positive duty of disclosure and variation - Whether retroactive awards should be the rule or the exception.
The Respondent mother applied for child support and retroactive child support in 2002 after struggling financially for more than ten years to support the two children of the marriage. She had been discouraged from pursuing the issue of additional support for the children, both by the high costs of litigation and by the Appellant’s threats to make litigation very costly and to attempt to gain custody of the children. The Appellant always paid the relatively modest support required in the Divorce Judgment granted in 1991. At all material times he was a high income earner.
The motions judge awarded retroactive support from July 1 , 1997. This award was upheld by the Court of Appeal, Hunt J.A. dissenting.
Lower court rulings
Court of Queen’s Bench of Alberta
4801-073280
Respondent's motion to increase child support pursuant to the Federal Child Support Guidelines, granted; Applicant ordered to pay retroactive child support
Court of Appeal of Alberta (Calgary)
0301-0273-AC, 2005 ABCA 5
Appeal dismissed
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
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Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
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