Macdonald v. Macdonald

Macdonald v. Macdonald

The chambers judge correctly applied the 'clearly wrong' standard to the Master's interim decision, recognized the presumption in favour of Guideline table amounts, and properly concluded that the Guideline table amount was inappropriate on the facts of this high-income case after considering s.4(b)(ii) factors; the...

Source-derived case information.

Citation
2002 BCCA 46
Parties
Plaintiff/appellant: Susan Rebecca Macdonald; Defendant/respondent: Ian Alexander Macdonald
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
24 January 2002
Procedural Posture
Divorce/family Child Support / Appeal (interlocutory)
Outcome
Appeal dismissed; chambers judge's determination that the Guideline table amount was inappropriate is upheld; no opinion expressed on the adequacy of the $20,000/month quantum which is left to the trial judge; cross-appeal refused in part.
Legal Topics
Federal Child Support Guidelines, Deviations Under S.4, Appropriateness of Table Amount, Standard of Review From Master, Savings and Capital in Support Determinations, Pre and Post Separation Lifestyle
Source Language
english
Family Law Child Support Divorce Act Interim Orders High Income Guidelines Federal Child Support Guidelines Deviations Under S.4 Appropriateness of Table Amount +3 more

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Parties

Susan Rebecca Macdonald

Plaintiff/appellant

Ian Alexander Macdonald

Defendant/respondent

Procedural Posture

Divorce/family Child Support / Appeal (interlocutory)

Legal Issues

  1. 1 Whether the chambers judge erred in standard of review of Master's interim order
  2. 2 Whether presumption in favour of Guideline table amounts was applied or displaced
  3. 3 Whether payor rebutted presumption for incomes over $150,000 under s.4

Ratio Decidendi

The chambers judge correctly applied the 'clearly wrong' standard to the Master's interim decision, recognized the presumption in favour of Guideline table amounts, and properly concluded that the Guideline table amount was inappropriate on the facts of this high-income case after considering s.4(b)(ii) factors; the appeal is dismissed and the chambers judge's variation of the Master's order is upheld, while the exact quantum set by the chambers judge is left to the trial judge.

Court Disposition

Appeal dismissed; chambers judge's determination that the Guideline table amount was inappropriate is upheld; no opinion expressed on the adequacy of the $20,000/month quantum which is left to the trial judge; cross-appeal refused in part.

Orders

  • Appeal dismissed
  • Cross-appeal refused insofar as it raised matters not in the appealed order or reasons