Clark v. Clark

Clark v. Clark

The appeal was dismissed because the chambers judge's factual findings—that the $20,000 payments to the appellant's wife were insufficiently substantiated and likely not reasonable, that the claimed business loss lacked proof, and that a portion of grub and other personal expenses should be added back—were supported by the record and not palpably and overridingly wrong; the decision in Robyrts was distinguishable on its facts and the fresh evidence applications were properly denied as piecemeal.

Citation
2012 BCCA 297
Parties
Respondent (plaintiff): Roberta Clark; Appellant (defendant): Dean Lawrence Clark
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
5 July 2012
Procedural Posture
Family Law Child Support Appeal / Court of Appeal Judgment; on Appeal From Supreme Court of British Columbia
Outcome
Appeal dismissed
Legal Topics
Income Determination Under Guidelines, Federal Child Support Guidelines, Fresh Evidence, Financial Disclosure, Self Employment Deductions, Grub Deductions, Appellate Standard of Review
Source Language
English
Family Law Child Support Taxation Civil Procedure Income Determination Under Guidelines Federal Child Support Guidelines Fresh Evidence Financial Disclosure +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Roberta Clark

Respondent (plaintiff)

Dean Lawrence Clark

Appellant (defendant)

Procedural Posture

Family Law Child Support Appeal / Court of Appeal Judgment; on Appeal From Supreme Court of British Columbia

Legal Issues

  1. 1 Whether the chambers judge erred in determining Guidelines income by disallowing $20,000 payments to appellant's wife
  2. 2 Whether the chambers judge erred in adding back a claimed business loss of more than $24,500
  3. 3 Whether the chambers judge erred in adding back a portion of 'grub' and related expenses claimed on tax returns

Ratio Decidendi

The appeal was dismissed because the chambers judge's factual findings—that the $20,000 payments to the appellant's wife were insufficiently substantiated and likely not reasonable, that the claimed business loss lacked proof, and that a portion of grub and other personal expenses should be added back—were supported by the record and not palpably and overridingly wrong; the decision in Robyrts was distinguishable on its facts and the fresh evidence applications were properly denied as piecemeal.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed.
  • Applications to adduce fresh evidence dismissed.