Case information
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30809
T.A.R. v. L.J.W.
(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) |
|---|---|---|
| 2006-09-13 | 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 0303-0248-AC, 2005 ABCA 3, dated January 7, 2005, heard on February 13, 2006, is allowed and the order of Perras 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 | T.A.R. |
| 2006-05-05 | Correspondence received from, Mrs. D. Smith, re: lock-up | T.A.R. |
| 2006-05-04 | Correspondence received from, Carole Curtis, re: lock-up | L.J.W. |
| 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. | L.J.W. |
| 2006-02-13 | Appellant's condensed book, 14 copies - distributed in Court | T.A.R. |
| 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 | T.A.R. |
| 2006-01-27 | Notice of appearance, Carole Curtis, Valda Blenman and Victoria Starr will be appearing. | L.J.W. |
| 2006-01-26 | Notice of appearance, D. Smith and Sue Milne will be appearing. | T.A.R. |
| 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 | |
| 2006-01-09 | Correspondence received from, Lang Michener dated Jan. 6/06 re : page with signature of Court of Queen's Bench order (sent to the judges Jan. 12/06) | T.A.R. |
| 2006-01-09 | Respondent's record, Completed on: 2006-01-09 | L.J.W. |
| 2006-01-09 | Respondent's factum, Completed on: 2006-01-09 | L.J.W. |
| 2006-01-09 | Respondent's book of authorities, (Vol. 1 and 2) 1 copy of vol. I to follow, Completed on: 2006-01-09 | L.J.W. |
| 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 | T.A.R. |
| 2005-12-19 | Response to the motion for leave to intervene, (Letter Form), from Carole Curtis dated Dec. 19/05 (original rec'd Dec. 23/05), Completed on: 2005-12-19 | L.J.W. |
| 2005-12-15 | Motion for leave to intervene, (joint with 30807-808-837), 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) | T.A.R. |
| 2005-11-21 | Book of authorities, 2 volumes (Joint with 30807, 30808 & 30837), Completed on: 2005-11-21 | T.A.R. |
| 2005-11-21 | Appellant's record, (Vol. I and II), Completed on: 2005-11-21 | T.A.R. |
| 2005-11-21 | Appellant's factum, Completed on: 2005-11-21 | T.A.R. |
| 2005-11-17 | Notice of change of counsel, formerly represented by Laurier Law Office appointing Carole Curtis as sollicitor of record | L.J.W. |
| 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 | T.A.R. |
| 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 (Edmonton), Number 0303-0248-AC, 2005 ABCA 3, dated January 7, 2005, is granted. This appeal will be heard with Daryl Ross Henry v. Celeste Rosanne Henry (30807); D.B.S. v. S.R.G. (30808) 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 | L.J.W. |
| 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 30807,8, 30837)(inserted in leave books) | T.A.R. |
| 2005-05-16 | Correspondence received from, D. Smith dated May 13/05 re: enclosing recent decision from the Ontario C/A | T.A.R. |
| 2005-04-14 | Applicant's reply to respondent's argument, Completed on: 2005-04-14 | T.A.R. |
| 2005-04-05 | Respondent's response on the application for leave to appeal, Completed on: 2005-04-05 | L.J.W. |
| 2005-03-11 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2005-03-10 | Application for leave to appeal, Completed on: 2005-03-10 | T.A.R. |
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 |
|---|---|---|
| T.A.R. | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| L.J.W. | Respondent | Active |
Counsel
Party: T.A.R.
Counsel
Susan E. Milne
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: L.J.W.
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
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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 - Support payor paying support pursuant to pre-Guidelines order - Application for child support and retroactive child support brought under Guidelines for support in accordance with Guideline amount - 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 parties separated after a lengthy common law relationship and the parties’ three children resided with the Respondent mother thereafter. By consent order, the Appellant father paid monthly child support of $150. His income was very modest and by the time of the application for child support and retroactive child support, it was $23,000 per annum. The Appellant had always paid the child support required by the consent order but the Guideline amount was calculated at $465 per month. The Respondent applied in March 2003 for retroactive support to January of 1999 for the difference between what the Appellant paid and what he should have paid.
The chambers judge dismissed the application for retroactive support. The Court of Appeal remitted the case back to a chambers judge for consideration of the issue in accordance with the principles articulated in D.B.S. v. S.R.G.
Lower court rulings
Court of Queen’s Bench of Alberta
9103 14304
Respondent's application for child support and retroactive support dismissed
Court of Appeal of Alberta (Edmonton)
0303-0248-AC, 2005 ABCA 3
Appeal allowed; Issue of retroactive support remitted to chambers judge
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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