Evans v. Evans

Evans v. Evans

The court supplemented its prior reasons by ordering mandatory exchange of completed income tax returns and CRA notices of assessment, directing maintenance payments to be paid to the recipient via the Office of the Director of Maintenance Enforcement while the order is filed for enforcement, and imposing statutory notification duties on the parties pursuant to sections 9 and 42 of the Maintenance Enforcement Act to ensure effective enforcement.

Citation
2024 NSSC 333
Parties
Applicant: David Evans; Respondent: Lynn Evans
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
5 November 2024
Procedural Posture
Family Division Maintenance/support / Addendum (supplementary Reasons)
Outcome
Addendum issued and incorporated into prior decision: disclosure and enforcement measures ordered including routing payments via the Director and statutory notification obligations imposed.
Legal Topics
Income Disclosure, Maintenance Enforcement, Notices of Assessment, Maintenance Enforcement Act, Change of Address and Employment Notification
Source Language
English
Family Law Maintenance/support Enforcement Procedure Income Disclosure Maintenance Enforcement Notices of Assessment Maintenance Enforcement Act +1 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 5 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

David Evans

Applicant

Lynn Evans

Respondent

Procedural Posture

Family Division Maintenance/support / Addendum (supplementary Reasons)

Legal Issues

  1. 1 Mandatory exchange of completed income tax returns and Canada Revenue Agency notices of assessment
  2. 2 Routing and payment of maintenance through the Office of the Director of Maintenance Enforcement
  3. 3 Requirement for court officer to provide designated addresses and a copy of the order to the Director under s.9 of the Maintenance Enforcement Act

Ratio Decidendi

The court supplemented its prior reasons by ordering mandatory exchange of completed income tax returns and CRA notices of assessment, directing maintenance payments to be paid to the recipient via the Office of the Director of Maintenance Enforcement while the order is filed for enforcement, and imposing statutory notification duties on the parties pursuant to sections 9 and 42 of the Maintenance Enforcement Act to ensure effective enforcement.

Court Disposition

Addendum issued and incorporated into prior decision: disclosure and enforcement measures ordered including routing payments via the Director and statutory notification obligations imposed.

Orders

  • Both parties shall provide each other with a copy of his/her income tax return, completed and with all attachments, and provide each other with all notices of assessment from the Canada Revenue Agency immediately after they are received each year.
  • All maintenance payments must be made payable to Lynn Evans and must be sent by David Evans to the Office of the Director of Maintenance Enforcement, P.O. Box 803, Halifax, Nova Scotia B3J 2V2, while the order is filed for enforcement with the Director.