Aziz v. Aziz

Aziz v. Aziz

Charter challenges were dismissed for failure to provide required notice and particulars under the Constitutional Question Act and because they were not properly pleaded; the chambers judge did not err in imputing an annual income of $78,000 given the billing records and lack of documented expenses or evidence of...

Source-derived case information.

Citation
2000 BCCA 358
Parties
Petitioner (respondent): Christine Mary Aziz; Respondent (appellant): Shiraz Fatehali Aziz
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
7 June 2000
Procedural Posture
Appeal From Chambers Judge / Decision of Court of Appeal Upholding Chambers Judge Order
Outcome
Appeal dismissed
Legal Topics
Variation of Child Support, Cancellation of Arrears, Charter S.15 Equality Challenge, Charter S.6 Mobility Rights Challenge, Passport Suspension Under Enforcement Legislation, Notice Requirements for Constitutional Questions
Source Language
english
Family Law Constitutional Law Child Support Enforcement Variation of Child Support Cancellation of Arrears Charter S.15 Equality Challenge Charter S.6 Mobility Rights Challenge Passport Suspension Under Enforcement Legislation +1 more

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Parties

Christine Mary Aziz

Petitioner (respondent)

Shiraz Fatehali Aziz

Respondent (appellant)

Procedural Posture

Appeal From Chambers Judge / Decision of Court of Appeal Upholding Chambers Judge Order

Legal Issues

  1. 1 Whether the Federal Child Support Guidelines violate s.15(1) of the Charter
  2. 2 Whether suspension of passport under Family Orders and Agreements Enforcement Assistance Act violates s.6(1) mobility rights
  3. 3 Whether the child support order should be varied based on imputed income and claimed expenses

Ratio Decidendi

Charter challenges were dismissed for failure to provide required notice and particulars under the Constitutional Question Act and because they were not properly pleaded; the chambers judge did not err in imputing an annual income of $78,000 given the billing records and lack of documented expenses or evidence of reduced earning capacity, and therefore declined to vary support or cancel arrears; passport return could not be ordered because the proper parties under the enforcement regime were not before the court.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • January 15, 1999 order dismissing application to vary child support and to cancel arrears upheld