Leitch v. Leitch

Leitch v. Leitch

The application is dismissed because the applicant failed to establish a material change of circumstances and failed to provide full, sworn financial disclosure or evidence of reasonable efforts to earn income; consequently the heavy onus required to vary the imputed income or cancel/reduce arrears was not met.

Citation
2018 BCSC 712
Parties
Claimant: Michelle Lorraine Leitch; Respondent: Bruce Thomas Leitch
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
18 January 2018
Procedural Posture
Family Law Variation of Child and Spousal Support / Application to Vary Final Order and Cancel Arrears; Oral Reasons at Hearing
Outcome
Application dismissed
Legal Topics
Variation of Support, Arrears Cancellation, Imputed Income, Enforcement (fmep), Costs
Source Language
English
Family Law Child Support Spousal Support Enforcement Variation of Support Arrears Cancellation Imputed Income Enforcement (fmep) +1 more

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Parties

Michelle Lorraine Leitch

Claimant

Bruce Thomas Leitch

Respondent

Procedural Posture

Family Law Variation of Child and Spousal Support / Application to Vary Final Order and Cancel Arrears; Oral Reasons at Hearing

Legal Issues

  1. 1 Whether there has been a material change in circumstances warranting variation of child support
  2. 2 Whether arrears should be cancelled or reduced
  3. 3 Whether the imputed income in the 2012 order should be varied

Ratio Decidendi

The application is dismissed because the applicant failed to establish a material change of circumstances and failed to provide full, sworn financial disclosure or evidence of reasonable efforts to earn income; consequently the heavy onus required to vary the imputed income or cancel/reduce arrears was not met.

Court Disposition

Application dismissed

Orders

  • Application dismissed
  • Costs of $500 payable by Mr. Bruce Thomas Leitch to Ms. Michelle Lorraine Leitch immediately