Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
37708
Brian Patrick Belway v. Shawna Eileen Lalande-Weber
(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) |
|---|---|---|
| 2018-07-06 | Close file on Leave | |
| 2018-07-06 | Correspondence (sent by the Court) to, Brian Patrick Belway. Letter from the Deputy Registrar. | |
| 2018-06-20 | Supplemental document, (Letter Form), The Canadian Bar Association - Amending Divorce Act | Brian Patrick Belway |
| 2018-06-20 | Correspondence received from, (Letter Form), Applicant, re: request for written reasons on taxation. | Brian Patrick Belway |
| 2018-05-16 | Certificate of taxation issued to, Tyler S.L. Fric | |
| 2018-05-16 | Decision on the bill of costs, in the amount of $14,249.90, Reg | |
| 2018-05-16 | Submission of the bill of costs, Reg | |
| 2018-04-23 | Response to the bill of costs, (Letter Form), Completed on: 2018-04-23 | Brian Patrick Belway |
| 2018-04-17 | Correspondence (sent by the Court) to, Applicant, from the Registrar, Re: Motion for reconsideration cannot be accepted for filing. | |
| 2018-04-17 | Reconsideration not accepted for filing | |
| 2018-03-05 | Letter acknowledging receipt of an incomplete motion for reconsideration | |
| 2018-03-01 | Motion for reconsideration of the application for leave to appeal, (Book Form), sworn affidavit missing-rec'd 2018/03/29, Completed on: 2018-03-29 | Brian Patrick Belway |
| 2018-03-01 | Bill of costs, (Book Form), itemized invoices requested-rec'd 2018/04/23, Completed on: 2018-03-01 | Shawna Eileen Lalande-Weber |
| 2017-12-22 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2017-12-22 | Judgment on leave sent to the parties | |
| 2017-12-21 |
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 (Calgary), Number 1701-0020-AC, 2017 ABCA 177, dated June 9, 2017, is dismissed with costs on a solicitor-client basis. Dismissed, with costs |
|
| 2017-11-27 | Correspondence received from, (Letter Form), Letter, dated Nov.25/2017 - sent by fax - addressed to Maintenance Enforcement Program. | Brian Patrick Belway |
| 2017-11-20 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2017-11-08 | Supplemental document, (Letter Form), L.L. v. M.C. - 2013 ONSC 1801 (6 copies received 2017-11-09) | Brian Patrick Belway |
| 2017-10-02 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2017-10-02 | Brian Patrick Belway |
| 2017-09-20 | Certificate (on limitations to public access) | Shawna Eileen Lalande-Weber |
| 2017-09-20 | Notice of name | Shawna Eileen Lalande-Weber |
| 2017-09-20 | Respondent's response on the application for leave to appeal, (Book Form), (3 volumes), Service missing - Rec'd on 2017-09-25, Completed on: 2017-09-25 | Shawna Eileen Lalande-Weber |
| 2017-09-08 | Correspondence received from, Brian Belway dated 2017-09-08. Re: Filing of the proposed order at the Court of Appeal | Brian Patrick Belway |
| 2017-09-01 | Correspondence received from, Brian Belway dated 2017-09-01. Re: Return of the C/A order form and supporting documents | Brian Patrick Belway |
| 2017-08-25 | Letter advising parties of an incomplete application for leave to appeal, File opened on 2017-08-25 | |
| 2017-08-11 | Letter acknowledging receipt of an application for leave to appeal | |
| 2017-08-10 | Correspondence received from, Questionnaire for a self-represented party on an appeal | Brian Patrick Belway |
| 2017-08-10 | Certificate (if inappropriate for a judge to take part in adjudication), Not applicable | Brian Patrick Belway |
| 2017-08-10 | Certificate (on limitations to public access) | Brian Patrick Belway |
| 2017-08-10 | Application for leave to appeal, (Book Form), (3 volumes), Missing C/A order - rec'd Nov.27/2017 and the amended copy filed on Nov.30/2017., Completed on: 2017-11-21 | Brian Patrick Belway |
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 |
|---|---|---|
| Belway, Brian Patrick | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Lalande-Weber, Shawna Eileen | Respondent | Active |
Counsel
Party: Belway, Brian Patrick
This party is not represented by counsel.
Party: Lalande-Weber, Shawna Eileen
Counsel
700 4th Avenue S.W.
Suite 750
Calgary, Alberta
T2P 3J4
Telephone: (403) 750-2577
FAX: (403) 269-6785
Email: tylerf@divorceinc.com
Summary
Keywords
Family law – Support – Child support – Variation – Applicant seeking variation of child support consent order – Should a child over the age of majority, who is in a shared custody dynamic and is a full-time student be constrained to s. 3(2) of the Guidelines, or should this dynamic warrant a material change of circumstances to vary a current child support order if present economic/financial realities have not been previously take into consideration in making of originating consent order; one not made under a judicial determination of all facts?
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.
The parties were in a relationship from approximately 1998 to 2002 and had a son together, who turned 18 years of age in March, 2017. He began to attend university in the fall of 2017. The parties have shared custody but over the years, there has been litigation relating to financial disclosure and child support. The parties entered into a Consent Order regarding child support, but the litigation continued. The case was ordered into case management. In 2015, the case management judge ordered that Mr. Belway could make no further applications without leave of the court.
Lower court rulings
Court of Queen’s Bench of Alberta
FL01 10141
See file
Court of Appeal of Alberta (Calgary)
1701-0020-AC, 2017 ABCA 108
See file
Court of Appeal of Alberta (Calgary)
1701-0020-AC, 2017 ABCA 177
See file
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