Case information
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35600
Robert Wayne McCulloch v. Patricia Marie McCulloch
(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) |
|---|---|---|
| 2014-01-13 | Close file on Leave | |
| 2014-01-10 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2014-01-10 | Judgment on leave sent to the parties | |
| 2014-01-09 |
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 1303-0085-AC, 2013 ABCA 298, dated September 3, 2013, is dismissed with costs. Dismissed, with costs |
|
| 2013-12-02 | All materials on application for leave submitted to the Judges, CJ Cro Wa | |
| 2013-12-02 | Applicant's reply to respondent's argument, (Book Form), service to come (rec'd 2013-12-03), Completed on: 2013-12-03 | Robert Wayne McCulloch |
| 2013-11-21 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2013-11-21 | Patricia Marie McCulloch |
| 2013-11-04 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2013-11-01 | Application for leave to appeal, (Book Form), Completed on: 2013-11-01 | Robert Wayne McCulloch |
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 |
|---|---|---|
| McCulloch, Robert Wayne | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| McCulloch, Patricia Marie | Respondent | Active |
Counsel
Party: McCulloch, Robert Wayne
Counsel
Suite 400, 10230 - 142 Street
Edmonton, Alberta
T5N 3Y6
Telephone: (587) 520-8229
FAX: (587) 520-8215
Email: thuizinga@hdllaw.ca
Agent
900 - 275 Slater Street
Ottawa, Ontario
K1P 5H9
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
Party: McCulloch, Patricia Marie
Counsel
2401 EDMONTON CENTRE NW
10088-102 Avenue
EDMONTON, Alberta
T5J 2Z1
Telephone: (403) 426-4660
FAX: (403) 426-0982
Email: rcurtis@mccuaig.com
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 101
FAX: (613) 695-8580
Email: emeehan@supremeadvocacy.ca
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 – Divorce – Application to review spousal support – Whether spousal support entitlement should be based solely on the non-income generating assets of the payor – What effect should the post-separation investment and lifestyle choices of a recipient spouse have on spousal support obligations?
In 2003, the applicant and the respondent divorced. The applicant consented to a spousal support order that requires him to pay $9,000 per month to the respondent. Upon his retirement, the applicant applied for a review of the support order seeking to reduce his obligation to $3,800 per month payable from his retirement allowance, retroactive to June 2010. At the time of the application, the respondent had $736,000 in investments, a house, a share in a condominium and a trailer. The applicant’s income in the three years preceding his retirement was $187,775, $236,811 and $267,404. The applicant held non-income earning assets valued between $4 million and $10 million.
Lower court rulings
Court of Queen’s Bench of Alberta
4803 117471, 2013 ABQB 177
Application for review of spousal support dismissed
Court of Appeal of Alberta (Edmonton)
1303-0085-AC, 2013 ABCA 298
Appeal 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
Not available
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