Foster v. Foster
The appeal was dismissed because the Court of Appeal found no manifest error in the trial judge's confirmation of the Family Court recommendation for child support; therefore the order was upheld and no costs were awarded.
Source-derived case information.
- Citation
- 1993 NSCA 23
- Parties
- Appellant: Gary Andrew Foster; Respondent: Lisa Elizabeth Foster
- Court
- Nova Scotia Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 8 February 1993
- Procedural Posture
- Family Law Child Support Appeal / Appeal Judgment (court of Appeal)
- Outcome
- Appeal dismissed without costs; confirmation of Family Court order for child support upheld.
- Legal Topics
- Child Support, Confirmation of Family Court Order, Dismissal on Appeal, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gary Andrew Foster
Appellant
Lisa Elizabeth Foster
Respondent
Procedural Posture
Family Law Child Support Appeal / Appeal Judgment (court of Appeal)
Legal Issues
- 1 Whether the trial judge erred in confirming the Family Court recommendation for child support
- 2 Whether there was a manifest error of fact or law warranting appellate intervention
- 3 Whether costs should be awarded to either party
Ratio Decidendi
The appeal was dismissed because the Court of Appeal found no manifest error in the trial judge's confirmation of the Family Court recommendation for child support; therefore the order was upheld and no costs were awarded.
Court Disposition
Appeal dismissed without costs; confirmation of Family Court order for child support upheld.
Orders
- Appeal dismissed
- Family Court order for child support confirmed
Full Case Text
Judgment text and source record
1 paragraphs
Foster v. Foster Court Court of Appeal Date 1993-02-08 Citation 1993 NSCA 23 Docket SCA 02724 Judge/Registrar/Adjudicator Chipman, David (Honourable Justice); Hallett, J. Doane (Honourable Justice) (CA); Jones, Malachi C. (Honourable Justice) (CA) Document Type Decision Decision Content S.C.A. No. 02724 NOVA SCOTIA COURT OF APPEAL Cite as: Foster v. Foster, 1993 NSCA 23 Jones, Hallett and Chipman, JJ.A. BETWEEN: GARY ANDREW FOSTER Leslie J. Dellapinna ) for the Appellant Appellant ) ) - and - ) ) Sally B. Faught ) for the Respondents LISA ELIZABETH FOSTER ) ) Respondents ) Appeal Heard: ) February 8, 1993 ) ) ) Judgment Delivered: ) February 8, 1993 ) ) ) ) ) ) ) ) THE COURT: Appeal dismissed without costs per oral reasons for judgment of Jones, J.A.; Hallett and Chipman, JJ.A. concurring. The reasons for judgment of the Court were delivered orally by: JONES, J.A.: This is an appeal from confirmation of an order for the support of the parties' child. We see no manifest error on the part of the learned trial judge in confirming the recommendation of the Family Court judge. The appeal is dismissed but in the circumstances without costs. J.A. Concurred in: Hallett, J.A. Chipman, J.A. S.C.A. No. 02724 NOVA SCOTIA COURT OF APPEAL BETWEEN: GARY ANDREW FOSTER ) Appellant ) - and - ) REASONS FOR ) JUDGMENT BY: LISA ELIZABETH FOSTER ) ) Jones, ) J.A. Respondents ) ) ) ) ) ) )