Michel v. Graydon

Michel v. Graydon

Section 152 of British Columbia’s Family Law Act authorizes courts to grant retroactive variation orders respecting child support irrespective of whether the beneficiary remains a dependent child or whether the original order has expired; D.B.S. does not impose a jurisdictional bar on provincial variation applications framed under s.152, and courts must apply the D.B.S. factors to determine whether a retroactive award is appropriate.

Citation
2020 SCC 24
Parties
Appellant/recipient Parent: Danelle Michel; Respondent/payor Parent: Sean Graydon; Intervener: West Coast Legal Education and Action Fund Association
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
18 September 2020
Procedural Posture
Appeal to the Supreme Court of Canada (family Law Child Support) / Final Judgment on Appeal (allowed)
Outcome
Appeal allowed; order of Provincial Court reinstated
Legal Topics
Child Support, Retroactive Support, Variation of Orders, Statutory Interpretation, Jurisdiction/standing, Access to Justice
Source Language
English
Family Law Child Support Retroactive Support Variation of Orders Statutory Interpretation Jurisdiction/standing Access to Justice

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Parties

Danelle Michel

Appellant/recipient Parent

Sean Graydon

Respondent/payor Parent

West Coast Legal Education and Action Fund Association

Intervener

Procedural Posture

Appeal to the Supreme Court of Canada (family Law Child Support) / Final Judgment on Appeal (allowed)

Legal Issues

  1. 1 Whether a court may vary a child support order retroactively under s.152 of British Columbia’s Family Law Act after the beneficiary has ceased to be a child
  2. 2 Whether the Supreme Court’s decision in D.B.S. v. S.R.G. imposes a jurisdictional bar on provincial variation applications of historical child support
  3. 3 Appropriate factors and temporal scope for awards of retroactive/historical child support under the FLA

Ratio Decidendi

Section 152 of British Columbia’s Family Law Act authorizes courts to grant retroactive variation orders respecting child support irrespective of whether the beneficiary remains a dependent child or whether the original order has expired; D.B.S. does not impose a jurisdictional bar on provincial variation applications framed under s.152, and courts must apply the D.B.S. factors to determine whether a retroactive award is appropriate.

Court Disposition

Appeal allowed; order of Provincial Court reinstated

Orders

  • Order of Smith Prov. Ct. J. dated September 26, 2016 reinstated
  • Respondent ordered to pay $23,000 in retroactive child support (half to appellant and half to the child)