Case information
Consult our database for details on a Supreme Court of Canada case.
42269
Michelle Graves also known as Michelle Ross v. Colin Graves
(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) |
|---|---|---|
| 2026-09-28 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2026-03-31 | Lower court order - e-filing, (Letter Form), 501-0150AC , (Printed version filed on 2026-04-01) | Michelle Graves also known as Michelle Ross |
| 2026-03-26 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED | |
| 2026-03-26 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2026-03-26) | Michelle Graves also known as Michelle Ross |
| 2026-03-26 |
Application for leave to appeal, (Book Form), Missing: - CA orders (Rec 03-31-2026), Completed on: 2026-03-31, (Printed version filed on 2026-03-26) |
Michelle Graves also known as Michelle Ross |
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 |
|---|---|---|
| Michelle Graves also known as Michelle Ross | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Graves, Colin | Respondent | Active |
Counsel
Party: Michelle Graves also known as Michelle Ross
Counsel
Lane Aman
Sadhna Mathrani
215 9 Avenue SW, Suite 1900
Calgary, Alberta
T2P 1K3
Telephone: (587) 391-2150
Email: andy@hayherlee.com
Agent
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Graves, Colin
Counsel
715 5th Ave SW, Suite 1110
Calgary, Alberta
T2P 2X6
Telephone: (403) 718-9891
Email: pallyjan@calawyers.ca
Summary
Keywords
Family law – Support – Child Support – Shared custody – Does the Supreme Court of Canada’s decision in Contino v. Leonelli-Contino, 2005 SCC 63, allow trial judges to exercise discretion in determining child support under s. 9 of the Federal Child Support Guidelines, SOR/2025-166, based on a record proportionate to the dispute’s complexity?
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 applicant mother and respondent father have two adolescent children, and shared parenting with a week-on, week-off schedule. The parties have a prior consent order regarding child support. The applicant sought to vary the child support order by imputing additional income to the respondent, alleging that his continued under-employment was unreasonable. The respondent conceded to some increase in imputed income but disagreed with the amount proposed by the applicant. The chambers judge set the respondent’s imputed income to $40,000 by referencing minimum wage increases, and the respondent’s own stated position. The chambers judge found there had been no material change in circumstances since the parties entered into a consent order four years earlier. The Court of Appeal dismissed the appeal.
Lower court rulings
Court of King’s Bench of Alberta
4801-182515
Ruling: no material change in circumstances proven; respondent’s imputed income set at $40,000
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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