E.L.K. v. D.I.F.

E.L.K. v. D.I.F.

Because the respondent repeatedly failed to provide adequate and timely financial disclosure and engaged in obstructive delay, the court drew a strong adverse inference, accepted the claimant's amended income submissions (as identified by counsel) for 2004-2011, quantified arrears for table support and s.7 expenses, imposed a payment schedule, mandatory annual disclosure and document production, and awarded special costs against the respondent.

Citation
2012 BCSC 2176
Parties
Claimant: E.L.K.; Respondent: D.I.F.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
23 November 2012
Procedural Posture
Family Law Child Support and Divorce / Application for Retroactive Child Support and Costs; Hearing and Oral Reasons Delivered (supreme Court of British Columbia)
Outcome
Application granted in part: incomes for 2004-2011 fixed, arrears quantified, payment schedule and disclosure obligations imposed, claimant granted liberty to register order with FMEP, special costs awarded.
Legal Topics
Retroactive Child Support, Imputation of Income, Section 7 Extraordinary Expenses, Disclosure Obligations, Special Costs, Slip Rule, Enforcement
Source Language
English
Family Law Child Support Divorce Costs Civil Procedure Disclosure Retroactive Child Support Imputation of Income Section 7 Extraordinary Expenses +4 more

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Parties

E.L.K.

Claimant

D.I.F.

Respondent

Procedural Posture

Family Law Child Support and Divorce / Application for Retroactive Child Support and Costs; Hearing and Oral Reasons Delivered (supreme Court of British Columbia)

Legal Issues

  1. 1 What were the parties' respective incomes for 2004-2011 for purpose of Guideline child support and s.7 expense sharing?
  2. 2 Whether special costs should be awarded against respondent for obstructive conduct and delay.

Ratio Decidendi

Because the respondent repeatedly failed to provide adequate and timely financial disclosure and engaged in obstructive delay, the court drew a strong adverse inference, accepted the claimant's amended income submissions (as identified by counsel) for 2004-2011, quantified arrears for table support and s.7 expenses, imposed a payment schedule, mandatory annual disclosure and document production, and awarded special costs against the respondent.

Court Disposition

Application granted in part: incomes for 2004-2011 fixed, arrears quantified, payment schedule and disclosure obligations imposed, claimant granted liberty to register order with FMEP, special costs awarded.

Orders

  • For guideline and s.7 calculation the parties' Guideline incomes for 2004-2011 are fixed as set out: D.I.F. 2004 $62,759; 2005 $75,175; 2006 $139,019; 2007 $168,774; 2008 $156,402; 2009 $135,700; 2010 $141,527; 2011 $141,527.
  • For guideline and s.7 calculation the parties' Guideline incomes for 2004-2011 are fixed as set out: E.L.K. 2004 $53,334; 2005 $30,909; 2006 $98,719; 2007 $15,315; 2008 $14,155; 2009 $15,346; 2010 $20,574; 2011 $20,574.