L.K.S. v. D.M.C.T.

L.K.S. v. D.M.C.T.

The Court of Appeal upheld the trial judge's determinations because he applied the correct legal principles, did not misapprehend the evidence and reasonably imputed annual guideline income of $1,111,160, properly exercised discretion in treating the private school tuition as an appropriate s.7 item to be shared and in declining other claimed s.7 items, correctly fixed retroactivity to August 1, 2005 given the procedural history and absence of blameworthy concealment prior to that date, reasonably awarded costs totaling $109,054.06 and properly refused to admit post-judgment 2007 financial documents as fresh evidence on appeal.

Citation
2008 NSCA 61
Parties
Appellant (respondent by Cross Appeal): L. K. S.; Respondent (appellant by Cross Appeal): D.M.C.T.
Court
Nova Scotia Court of Appeal
Jurisdiction
Canada
Judgment Date
3 July 2008
Procedural Posture
Appeal and Cross Appeal Under the Maintenance and Custody Act Concerning Child Support, S.7 Expenses and Costs / Court of Appeal Decision (appeal Heard June 12, 2008; Judgment July 3, 2008)
Outcome
Appeal dismissed without costs; cross-appeal dismissed without costs; each party to bear their own costs of the appeal; trial orders upheld.
Legal Topics
Child Maintenance Guidelines, Section 7 Extraordinary Expenses, Imputation of Income, Retroactivity of Child Support, Admission of Fresh Evidence on Appeal, Costs Awards
Source Language
English
Family Law Child Support Costs Evidence Child Maintenance Guidelines Section 7 Extraordinary Expenses Imputation of Income Retroactivity of Child Support +2 more

Case Brief

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Parties

L. K. S.

Appellant (respondent by Cross Appeal)

D.M.C.T.

Respondent (appellant by Cross Appeal)

Procedural Posture

Appeal and Cross Appeal Under the Maintenance and Custody Act Concerning Child Support, S.7 Expenses and Costs / Court of Appeal Decision (appeal Heard June 12, 2008; Judgment July 3, 2008)

Legal Issues

  1. 1 Whether the trial judge erred in determining the table amount of monthly child support
  2. 2 Whether the trial judge erred in determining s.7 expenses
  3. 3 Whether the effective date for increased child support was correctly fixed

Ratio Decidendi

The Court of Appeal upheld the trial judge's determinations because he applied the correct legal principles, did not misapprehend the evidence and reasonably imputed annual guideline income of $1,111,160, properly exercised discretion in treating the private school tuition as an appropriate s.7 item to be shared and in declining other claimed s.7 items, correctly fixed retroactivity to August 1, 2005 given the procedural history and absence of blameworthy concealment prior to that date, reasonably awarded costs totaling $109,054.06 and properly refused to admit post-judgment 2007 financial documents as fresh evidence on appeal.

Court Disposition

Appeal dismissed without costs; cross-appeal dismissed without costs; each party to bear their own costs of the appeal; trial orders upheld.

Orders

  • Appeal dismissed
  • Cross-appeal dismissed