C.M.S. v. C.J.S.

C.M.S. v. C.J.S.

The Supreme Court may hear an application for spousal support under the Divorce Act even where spousal support was previously dealt with under the Family Relations Act, but the court retains a discretion under s.15(2) to decline relief if the Provincial Court has already given full consideration to the matters; in this case the Court will exercise its jurisdiction to consider the application on the parties' present circumstances but requires further evidence of the respondent's current income before making any interim spousal support order.

Citation
2002 BCSC 1314
Parties
Plaintiff: C.M.S.; Defendant: C.J.S.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
10 September 2002
Procedural Posture
Divorce Act Application for Interim Spousal Support / Interim Application (corollary Relief)
Outcome
Application not finally determined; court confirms jurisdiction to hear application but reserves decision on interim spousal support pending further evidence of respondent's income and disposable income calculations
Legal Topics
Interim Spousal Support, Corollary Relief, Res Judicata, Jurisdictional Overlap Between Divorce Act and Family Relations Act, Income Determination, Child Support Guidelines
Source Language
English
Family Law Divorce Spousal Support Child Support Jurisdictional Law Interim Spousal Support Corollary Relief Res Judicata +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 6 Party arguments 2 Amounts and remedies 9
Sign in to unlock

Parties

C.M.S.

Plaintiff

C.J.S.

Defendant

Procedural Posture

Divorce Act Application for Interim Spousal Support / Interim Application (corollary Relief)

Legal Issues

  1. 1 Whether the Supreme Court under the Divorce Act may hear an application for spousal support after Provincial Court considered the matter under the Family Relations Act and the appeal was dismissed
  2. 2 Whether the Court should exercise its discretion under s.15(2) of the Divorce Act to decline to order spousal support because the Provincial Court already considered the matter
  3. 3 Whether the respondent has the available income to pay interim spousal support and what evidence is required to determine disposable income

Ratio Decidendi

The Supreme Court may hear an application for spousal support under the Divorce Act even where spousal support was previously dealt with under the Family Relations Act, but the court retains a discretion under s.15(2) to decline relief if the Provincial Court has already given full consideration to the matters; in this case the Court will exercise its jurisdiction to consider the application on the parties' present circumstances but requires further evidence of the respondent's current income before making any interim spousal support order.

Court Disposition

Application not finally determined; court confirms jurisdiction to hear application but reserves decision on interim spousal support pending further evidence of respondent's income and disposable income calculations

Orders

  • Respondent to provide confirmation from his employer of annual income to date and evidence of any change in working conditions by affidavit or letter exhibited to his affidavit
  • Applicant granted leave to file a responding affidavit if she disputes the evidence provided by respondent