Neill v. Boudreau

Neill v. Boudreau

The Court upheld the imputation of income as supported by the evidence and sustained the retroactive child support award, limited to the date of effective notice under DBS v. SRG, because the payor deliberately failed to disclose his true financial situation and the subsequent agreement could not negate that notice.

Source-derived case information.

Citation
2007 ONCA 30
Parties
Applicant (respondent in Appeal): Dorothy Neill; Respondent (appellant): Mark Boudreau
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
22 January 2007
Procedural Posture
Civil (family Law Child Support) / Appeal (court of Appeal Decision)
Outcome
Appeal dismissed
Legal Topics
Child Support, Imputation of Income, Retroactivity of Awards, Effective Notice (dbs V Srg)
Source Language
english
Family Law Civil Procedure Child Support Imputation of Income Retroactivity of Awards Effective Notice (dbs V Srg)

Source-derived case record

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Parties

Dorothy Neill

Applicant (respondent in Appeal)

Mark Boudreau

Respondent (appellant)

Procedural Posture

Civil (family Law Child Support) / Appeal (court of Appeal Decision)

Legal Issues

  1. 1 Whether the trial judge erred in imputing income to the payor
  2. 2 Whether a retroactive child support award was appropriate and how far back it should go
  3. 3 Whether a subsequent agreement can erase prior effective notice when based on misinformation

Ratio Decidendi

The Court upheld the imputation of income as supported by the evidence and sustained the retroactive child support award, limited to the date of effective notice under DBS v. SRG, because the payor deliberately failed to disclose his true financial situation and the subsequent agreement could not negate that notice.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Costs to the respondents fixed in the amount of $5,000 plus disbursements