Garritsen v. Garritsen

Garritsen v. Garritsen

The Master's deviation above the SSAG (from an upper range of $868 to $1,000) was not supported by clear and compelling evidence that the interim categorical exception applied; the Master's order was therefore clearly wrong and must be varied to the SSAG upper range of $868 per month.

Citation
2009 BCSC 124
Parties
Plaintiff (respondent on Appeal): Catherine Gail Garritsen; Defendant (appellant): Hendrikus Reinerus Antonius Garritsen
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
7 April 2009
Procedural Posture
Family Law – Spousal Support (interim) and Property Claim / Appeal From Master's Interim Spousal Support Order
Outcome
Appeal allowed in part; Master's order varied
Legal Topics
Spousal Support Advisory Guidelines, Interim Spousal Support, Exceptions to Guidelines, Occupational Rent, Pension as Income, Standard of Appellate Review
Source Language
English
Family Law Appeals/procedural Law Spousal Support Advisory Guidelines Interim Spousal Support Exceptions to Guidelines Occupational Rent Pension as Income Standard of Appellate Review

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Parties

Catherine Gail Garritsen

Plaintiff (respondent on Appeal)

Hendrikus Reinerus Antonius Garritsen

Defendant (appellant)

Procedural Posture

Family Law – Spousal Support (interim) and Property Claim / Appeal From Master's Interim Spousal Support Order

Legal Issues

  1. 1 Whether the Master erred in awarding interim spousal support above the SSAG range
  2. 2 Whether paying rent while the other spouse occupies the matrimonial home rent‑free constitutes a categorical SSAG exception
  3. 3 Whether the Master improperly characterized occupational rent or included pension income in income calculations

Ratio Decidendi

The Master's deviation above the SSAG (from an upper range of $868 to $1,000) was not supported by clear and compelling evidence that the interim categorical exception applied; the Master's order was therefore clearly wrong and must be varied to the SSAG upper range of $868 per month.

Court Disposition

Appeal allowed in part; Master's order varied

Orders

  • Master's order awarding $1,000 per month interim spousal support set aside to the extent it exceeds SSAG guidance
  • Defendant to pay interim spousal support of $868 per month (upper end of SSAG range)