Case information
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31519
S.C. v. J.C.
(New Brunswick) (Civil) (By Leave)
(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) |
|---|---|---|
| 2006-10-24 | Close file on Leave | |
| 2006-10-20 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2006-10-20 | Judgment on leave sent to the parties | |
| 2006-10-19 |
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 New Brunswick, Number 129/05/CA, 2006 NBCA 46, dated April 27, 2006, is dismissed without costs. Dismissed, without costs |
|
| 2006-09-18 | All materials on application for leave submitted to the Judges, Bi De Abe | |
| 2006-08-28 | Applicant's reply to respondent's argument, Completed on: 2006-08-28 | S.C. |
| 2006-08-17 | Respondent's response on the application for leave to appeal, Completed on: 2006-08-17 | J.C. |
| 2006-06-26 | Correspondence received from, Corey A. Villeneuve by fax re: publication ban | S.C. |
| 2006-06-26 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2006-06-23 | Application for leave to appeal, Completed on: 2006-06-23 | S.C. |
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 |
|---|---|---|
| S.C. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| J.C. | Respondent | Active |
Counsel
Party: S.C.
Counsel
Grant M. Ogilvie
Adam B. Neal
Fredericton, New Brunswick
E3B 3P7
Telephone: (506) 459-1446
FAX: (506) 452-9934
Email: erbageem@nb.aibn.com
Agent
1420 - 99 Bank Street
Ottawa, Ontario
K1P 1H4
Telephone: (613) 783-9600
FAX: (613) 783-9690
Email: scott.mclean@fmc-law.com
Party: J.C.
Counsel
11 - 885 Main Street
P.O. Box 721
Moncton, New Brunswick
E1C 8M9
Telephone: (506) 857-8811
FAX: (506) 857-9297
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
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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 - Divorce - Maintenance - Under what circumstances should the Spousal Support Advisory Guidelines: A Draft Proposal (SSAG) be referenced and applied - What impact should the SSAG have on Orders for spousal support made pursuant to Section 15 of the Divorce Act ,R.S.C. 1985 (2nd) Supp. (c.3) - Should the SSAG be used to determine quantum of spousal support or also their duration - Whether the lower courts placed too much emphasis on the economic self-sufficiency test in the SSAG to the exclusion of the compensatory support principles as set out in previous Supreme Court of Canada decisions - What evidence should be before the court to support a finding of economic self-sufficiency, particularly in cases where there has been a long term marriage and where the dependant spouse has no long-term employment.
The Applicant and Respondent separated after 25 years of marriage. S.C. had not worked during the marriage, since J.C.'s army career caused them to move frequently, and they had two children. S.C. had taken some bookkeeping courses, and upon separation she obtained work on contract. At the time of their divorce their children were not eligible for child support, and the main issue became the quantum of spousal support payable.
Lower court rulings
Court of Queen’s Bench of New Brunswick
1301-51713, FDF-230-03
Spousal support of $1,625 per month, to terminate in August 2008
Court of Appeal of New Brunswick
129/05/CA, 2006 NBCA 46
Applicant's appeal to set monthly support at $1,800 and an indefinite extension of its five year duration dismissed
Filed documents
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 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 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.
Downloadable PDFs
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Related links
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
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books 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 condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available