Brown v. Simon

Brown v. Simon

Appeal allowed because the trial judge failed to make essential factual findings (parents' incomes, change in mother's income, change in child's needs, and whether claimed s.7 expenses were extraordinary, necessary and reasonable), rendering the discretionary decision unjustifiable; matter must be remitted for a...

Source-derived case information.

Citation
2000 BCCA 43
Parties
Plaintiff (respondent): Harold Sheldon Brown; Defendant (appellant): Charlene Rae Simon
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
12 January 2000
Procedural Posture
Family Relations Act Child Support Variation Appeal / Appeal to Court of Appeal; Order Set Aside and Matter Remitted for Rehearing
Outcome
Appeal allowed; order of 22 June 1999 set aside; application to vary referred back for rehearing; costs awarded to appellant on appeal; costs of rehearing left to trial judge's discretion
Legal Topics
Variation of Child Support, Child Support Guidelines, Extraordinary Expenses S.7, Change in Circumstances, Findings of Fact, Discretionary Relief
Source Language
english
Family Law Child Support Appeal Variation of Child Support Child Support Guidelines Extraordinary Expenses S.7 Change in Circumstances Findings of Fact +1 more

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Parties

Harold Sheldon Brown

Plaintiff (respondent)

Charlene Rae Simon

Defendant (appellant)

Procedural Posture

Family Relations Act Child Support Variation Appeal / Appeal to Court of Appeal; Order Set Aside and Matter Remitted for Rehearing

Legal Issues

  1. 1 Whether trial judge erred by failing to make findings of fact on parents' incomes and child's needs
  2. 2 Whether there was a substantial change in circumstances warranting variation under the Guidelines
  3. 3 Whether claimed s.7 extraordinary expenses were necessary and reasonable

Ratio Decidendi

Appeal allowed because the trial judge failed to make essential factual findings (parents' incomes, change in mother's income, change in child's needs, and whether claimed s.7 expenses were extraordinary, necessary and reasonable), rendering the discretionary decision unjustifiable; matter must be remitted for a rehearing to resolve those facts and then exercise discretion accordingly.

Court Disposition

Appeal allowed; order of 22 June 1999 set aside; application to vary referred back for rehearing; costs awarded to appellant on appeal; costs of rehearing left to trial judge's discretion

Orders

  • Appeal allowed
  • Order of 22 June 1999 set aside