Bartch v. Bartch

Bartch v. Bartch

The court varied the without prejudice JCC interim order reducing monthly payments from $10,000 to $5,000 (retroactive to September 1, 2018) because the without prejudice nature permits reopening, two material changes occurred since the prior decision (further long adjournment of trial to June 2019 and a significant decline in claimant's income), and balancing hardships and policy considerations (risk of non-recovery by claimant and excessive interim burden) justified a reduction under the Family Law Act interim-order framework.

Citation
2018 BCSC 1583
Parties
Claimant: Terry Lynn Marie Bartch; Respondent: Bradley Dean Bartch
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
14 September 2018
Procedural Posture
Family Law (separation/financial Remedies) / Interim Variation Application (pre Trial)
Outcome
Application granted in part; JCC Order varied to reduce monthly payment to $5,000 retroactive to September 1, 2018; no order as to costs.
Legal Topics
Interim Variation, Without Prejudice JCC Consent Order, Separation Agreement Enforceability, Interim Distribution, Change in Circumstances, Access to Justice, Family Law Act Ss.216 217 and S.88
Source Language
English
Family Law Spousal Support Property Division Interim Remedies Interim Variation Without Prejudice JCC Consent Order Separation Agreement Enforceability Interim Distribution +3 more

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Parties

Terry Lynn Marie Bartch

Claimant

Bradley Dean Bartch

Respondent

Procedural Posture

Family Law (separation/financial Remedies) / Interim Variation Application (pre Trial)

Legal Issues

  1. 1 Whether a without prejudice JCC consent interim order requiring $10,000/month can be varied
  2. 2 Whether there has been a change in circumstances sufficient to vary an interim order
  3. 3 Whether the payments are spousal support or an interim advance of property and the court's jurisdiction under the FLA

Ratio Decidendi

The court varied the without prejudice JCC interim order reducing monthly payments from $10,000 to $5,000 (retroactive to September 1, 2018) because the without prejudice nature permits reopening, two material changes occurred since the prior decision (further long adjournment of trial to June 2019 and a significant decline in claimant's income), and balancing hardships and policy considerations (risk of non-recovery by claimant and excessive interim burden) justified a reduction under the Family Law Act interim-order framework.

Court Disposition

Application granted in part; JCC Order varied to reduce monthly payment to $5,000 retroactive to September 1, 2018; no order as to costs.

Orders

  • JCC Order varied to require claimant to pay respondent $5,000 per month (reduction from $10,000 per month)
  • Variation is retroactive to September 1, 2018