Johansson v. Johansson

Johansson v. Johansson

Court allowed transformation to summary trial and, applying compensatory support principles under s.15.2(4) and (6) of the Divorce Act, found significant co-mingling between claimant and S. that reduced the applicant's compensatory liability; attributed applicant income at $203,106 and claimant income at $30,000 for...

Source-derived case information.

Citation
2023 BCSC 1050
Parties
Claimant: Karen Elizabeth Johansson also known as Karen Elizabeth Gardner; Respondent/applicant: Paul Robert Johansson
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
5 May 2023
Procedural Posture
Spousal Support Review / Summary Trial (review Transformed to Summary Trial)
Outcome
Application allowed in part: review proceeded as summary trial; spousal support adjusted with specified step-downs and income attributions; arrears and costs to be deducted reverse chronologically; obligation to cease no later than August 1, 2024 subject to arrears.
Legal Topics
Compensatory Support, Re Partnering Effect, Economic Self Sufficiency, Scope of Review, Quantum and Duration, Summary Trial Suitability, Income Attribution
Source Language
english
Family Law Spousal Support Divorce Child Support Compensatory Support Re Partnering Effect Economic Self Sufficiency Scope of Review +3 more

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Parties

Karen Elizabeth Johansson also known as Karen Elizabeth Gardner

Claimant

Paul Robert Johansson

Respondent/applicant

Procedural Posture

Spousal Support Review / Summary Trial (review Transformed to Summary Trial)

Legal Issues

  1. 1 Whether the review is limited to entitlement, quantum and duration or de novo on basis for support
  2. 2 Impact of claimant's re-partnering and subsequent termination on compensatory spousal support
  3. 3 Assessment of claimant's economic prospects and mitigation efforts

Ratio Decidendi

Court allowed transformation to summary trial and, applying compensatory support principles under s.15.2(4) and (6) of the Divorce Act, found significant co-mingling between claimant and S. that reduced the applicant's compensatory liability; attributed applicant income at $203,106 and claimant income at $30,000 for calculations; ordered step-down reductions of 50% from maximum for Sep 1, 2022–Aug 31, 2023 and 60% from Sep 1, 2023–Aug 31, 2024 (applicant to pay 40% of calculated spousal support thereafter), allowed arrears and outstanding costs to be deducted in reverse chronological order from payments starting Aug 1, 2024, and permitted lump-sum payment option; left costs for later...

Court Disposition

Application allowed in part: review proceeded as summary trial; spousal support adjusted with specified step-downs and income attributions; arrears and costs to be deducted reverse chronologically; obligation to cease no later than August 1, 2024 subject to arrears.

Orders

  • Application transformed to summary trial and proceeded on affidavit evidence
  • Applicant income for calculations fixed at $203,106 per annum