Shepherd v. Shepherd

Shepherd v. Shepherd

The court refused to vary the earlier judgment: the interim imputation of income stood because the respondent had the capacity to earn the imputed amount and delayed contesting the order; the $3,406.36 was to be credited in the accounting; the special costs order was upheld due to the respondent's conduct and...

Source-derived case information.

Citation
2013 BCSC 1788
Parties
Claimant: Mary Anne Shepherd; Respondent: Christopher Robert Shepherd
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
27 September 2013
Procedural Posture
Family Law / Reconsideration Motion (supplementary Reasons)
Outcome
Reconsideration refused in part; judgment and reasons not varied; special costs order upheld.
Legal Topics
Spousal Support, Interim Spousal Support, Reconsideration, Imputed Income, Special Costs, Court Rules Compliance
Source Language
english
Family Law Costs Procedural Law Spousal Support Interim Spousal Support Reconsideration Imputed Income Special Costs +1 more

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Parties

Mary Anne Shepherd

Claimant

Christopher Robert Shepherd

Respondent

Procedural Posture

Family Law / Reconsideration Motion (supplementary Reasons)

Legal Issues

  1. 1 Whether the court should grant reconsideration of interim imputed income
  2. 2 Whether $3,406.36 claimed by respondent should be credited
  3. 3 Whether the special costs order should be reconsidered or varied

Ratio Decidendi

The court refused to vary the earlier judgment: the interim imputation of income stood because the respondent had the capacity to earn the imputed amount and delayed contesting the order; the $3,406.36 was to be credited in the accounting; the special costs order was upheld due to the respondent's conduct and non‑compliance with court Rules; costs were fixed at $70,963 for the plaintiff and $1,000 taxable for this application.

Court Disposition

Reconsideration refused in part; judgment and reasons not varied; special costs order upheld.

Orders

  • Judgment for plaintiff's costs, disbursements and taxes in the amount of $70,963
  • Credit of $3,406.36 to be applied in the accounting