Kits v. Kits

Kits v. Kits

Because counsel did not properly bring ss.2(3), 16 and 17 of the Child Support Guidelines to the trial judge's attention, the Province's child support variation order below was set aside and the matter remitted for a fresh hearing before the trial judge; the existing order remains in force as an interim order pending that rehearing.

Citation
2001 BCCA 284
Parties
Plaintiff (appellant): Sheila Maureen Kits; Defendant (respondent): Gary Benjamin Kits
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
26 March 2001
Procedural Posture
Family Law Child Support Variation Appeal / Court of Appeal Judgment Remitting Matter for Rehearing by Trial Judge
Outcome
Appeal allowed in part; order below set aside and matter remitted to trial judge for rehearing; existing order to remain as interim order pending rehearing; each party to pay own costs; appeal book and transcript costs shared equally.
Legal Topics
Child Support Guidelines, Variation, Interim Order, Costs
Source Language
English
Family Law Child Support Appeal Child Support Guidelines Variation Interim Order Costs

Case Brief

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Parties

Sheila Maureen Kits

Plaintiff (appellant)

Gary Benjamin Kits

Defendant (respondent)

Procedural Posture

Family Law Child Support Variation Appeal / Court of Appeal Judgment Remitting Matter for Rehearing by Trial Judge

Legal Issues

  1. 1 Whether the trial judge was properly addressed on ss.2(3), 16 and 17 of the Child Support Guidelines
  2. 2 Whether the order below should be set aside and the variation hearing reopened
  3. 3 Whether the existing order should remain in force as an interim order pending rehearing

Ratio Decidendi

Because counsel did not properly bring ss.2(3), 16 and 17 of the Child Support Guidelines to the trial judge's attention, the Province's child support variation order below was set aside and the matter remitted for a fresh hearing before the trial judge; the existing order remains in force as an interim order pending that rehearing.

Court Disposition

Appeal allowed in part; order below set aside and matter remitted to trial judge for rehearing; existing order to remain as interim order pending rehearing; each party to pay own costs; appeal book and transcript costs shared equally.

Orders

  • Order below set aside
  • Hearing of the June 1999 motion reopened before the trial judge to be heard afresh and at large with additional material as counsel may advise