Case information
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30808
D.B.S. v. S.R.G.
(Alberta) (Civil) (By Leave)
(Publication ban in case) (Publication ban on party)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2006-09-20 | Appeal closed | |
| 2006-09-13 | Record returned to the Registrar of the Court of Appeal | |
| 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 (Edmonton), Number 0303-0334-AC, 2005 ABCA 2, dated January 7, 2005, heard on February 13, 2006, is allowed and the order of Verville J. is restored, with costs in this Court and the Court of Appeal. Allowed, costs in this Court and in the Court of Appeal |
|
| 2006-05-05 | Correspondence received from, Heather Spigelski, re: lock-up | D.B.S. |
| 2006-05-05 | Correspondence received from, Mrs. D. Smith, re: lock-up | D.B.S. |
| 2006-05-04 | Correspondence received from, Carole Curtis, re: lock-up | S.R.G. |
| 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 | Respondent's condensed book, 14 copies - distributed in Court. | S.R.G. |
| 2006-02-13 | Appellant's condensed book, 14 copies - distributed in Court. | D.B.S. |
| 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 | D.B.S. |
| 2006-01-27 | Notice of appearance, Carole Curtis, Valda Blenman and Victoria Starr will be appearing. | S.R.G. |
| 2006-01-26 | Notice of appearance, D. Smith and Sue Milne will be appearing. | D.B.S. |
| 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 | |
| 2006-01-12 | Appeal perfected for hearing | |
| 2006-01-10 | Reply to the motion for leave to intervene, (Letter Form), Fiona Sampson dated Jan. 9/06 re : reply to D. Smith response of Dec. 23/05. (c.c. to all parties), Completed on: 2006-01-10 | Women's Legal Education and Action Fund (LEAF) |
| 2006-01-09 | Respondent's book of authorities, (Vol. 1 and 2) Joint with 30809 - 1 copy of vol. I to follow (Rec'd Jan. 11/06), Completed on: 2006-01-09 | S.R.G. |
| 2006-01-09 | Respondent's record, Completed on: 2006-01-09 | S.R.G. |
| 2006-01-09 | Respondent's factum, Completed on: 2006-01-09 | S.R.G. |
| 2005-12-23 | Response to the motion for leave to intervene, (Letter Form), cc. to other parties by fax (request to file reply factum included), Completed on: 2005-12-23 | D.B.S. |
| 2005-12-19 | Response to the motion for leave to intervene, (Letter Form), from Carole Curtis dated Dec. 19/05 (joint with 30808)(original rec'd Dec. 23/05), Completed on: 2005-12-19 | S.R.G. |
| 2005-12-19 | Motion for leave to intervene, (bookform), Completed on: 2005-12-19 | Women's Legal Education and Action Fund (LEAF) |
| 2005-12-15 | Motion for leave to intervene, (joint with 30807-809-837), 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) | D.B.S. |
| 2005-11-21 | Book of authorities, 2 volumes (Joint with 30807, 30809 & 30837), Completed on: 2005-11-21 | D.B.S. |
| 2005-11-21 | Appellant's record, (Vol. I and II), Completed on: 2005-11-21 | D.B.S. |
| 2005-11-21 | Appellant's factum, Completed on: 2005-11-21 | D.B.S. |
| 2005-11-17 | Notice of change of counsel, formerly represented by Laurier Law Office appointing Carole Curtis as sollicitor of record | S.R.G. |
| 2005-11-10 | Correspondence received, from Lang Michener re: appellant will file its factum by Nov. 21/05 | |
| 2005-10-25 | 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 | D.B.S. |
| 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, The application for leave to appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 0303-0334-AC, 2005 ABCA 2, dated January 7, 2005, is granted. This appeal will be heard with Daryl Ross Henry v. Celeste Rosanne Henry (30807); T.A.R. v. L.J.W. (30809) and Kenneth Hiemstra v. Geraldine Hiemstra (30837). Granted |
|
| 2005-06-15 | Correspondence (sent by the Court) to, G. H. Andreiuk and all parties from the Registrar re: acknowledging receipt of his letter of June 9/05 | |
| 2005-06-10 | Correspondence received from, G. H. Andreiuk dated June 9/05 re: capsule summary | S.R.G. |
| 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 30807-9, 30837)(inserted in leave books) | D.B.S. |
| 2005-05-16 | Correspondence received from, D. Smith dated May 13/05 re: enclosing recent decision from the Ontario C/A | D.B.S. |
| 2005-04-14 | Applicant's reply to respondent's argument, Completed on: 2005-04-14 | D.B.S. |
| 2005-04-04 | Respondent's response on the application for leave to appeal, Completed on: 2005-04-04 | S.R.G. |
| 2005-03-10 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2005-03-08 | Application for leave to appeal, (C/A Order requested-rec'd. March 10/05), Completed on: 2005-03-10 | D.B.S. |
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 |
|---|---|---|
| D.B.S. | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| S.R.G. | Respondent | Active |
Counsel
Party: D.B.S.
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: S.R.G.
Counsel
Valda Blenman
Victoria Starr
Suite 506
Toronto, Ontario
M5V 1W5
Telephone: (416) 340-1850 Ext: 222
FAX: (416) 340-2432
Email: carolecurtis@carolecurtis.com
Agent
1900 - 66 Slater Street
Ottawa, Ontario
K1P 5H1
Telephone: (613) 231-8220
FAX: (613) 788-3698
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 for three children- Child Support Guidelines - Retroactive child support for three children - Court order providing for splitting of s. 7 expenses during period of shared custody - Shared custody followed by period of de facto custody of one child with the 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 sought an order for child support and retroactive child support for the couple’s three children for a period of three years commencing in 1999 when the parties shared custody, alternating residences, and thereafter, when one of the children resided with her on a full-time basis. At all relevant times, the father’s income far exceeded the Respondent’s income. A support order dated May of 1999 provided that the parties split s.7 expenses but made no provision for continuing child support. The Respondent gave notice that she was seeking child support in 2002 and commenced proceedings for child support and retroactive child support in 2003.
The chambers judge denied the claim for retroactive child support but ordered that the Appellant pay ongoing child support. The Court of Appeal formulated the governing principles for an award of retroactive child support, based upon the objectives of the Child Support Guidelines and sent the matter back to the chambers judge for reconsideration in accordance with the articulated principles.
Lower court rulings
Court of Queen’s Bench of Alberta
9804 00786
Respondent's application for retroactive child support dismissed
Court of Appeal of Alberta (Edmonton)
0303-0334-AC, 2005 ABCA 2
Appeal allowed; matter returned to chambers judge for consideration of retroactive support
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.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
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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.
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