Price v. Price

Price v. Price

The application was dismissed because the judge found the circumstances were not exceptional or urgent and the issue can await trial; any prejudice to the applicant can be addressed at trial, so the court refused to vary the interim order under its inherent jurisdiction.

Citation
2020 BCSC 934
Parties
Claimant/applicant: Alan Edward Price; Respondent/respondent: Leah Elaine Price also known as Leah Price
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
22 June 2020
Procedural Posture
Divorce Act Interim Support Variation Application / Application to Vary Interim Support Order (pre Trial)
Outcome
Application dismissed
Legal Topics
Interim Support, Variation, Spousal Support, Child Support, Underemployment, Imputation of Income, Jurisdiction of Masters, Costs
Source Language
English
Family Law Divorce Support Variation Inherent Jurisdiction Interim Support Variation Spousal Support Child Support +4 more

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Parties

Alan Edward Price

Claimant/applicant

Leah Elaine Price also known as Leah Price

Respondent/respondent

Procedural Posture

Divorce Act Interim Support Variation Application / Application to Vary Interim Support Order (pre Trial)

Legal Issues

  1. 1 Whether the court should exercise inherent jurisdiction to vary an interim child and spousal support order
  2. 2 Whether the applicant's termination of employment constitutes an exceptional and urgent change of circumstances
  3. 3 Whether the applicant's assets should be used to fund support obligations while respondent retains her assets

Ratio Decidendi

The application was dismissed because the judge found the circumstances were not exceptional or urgent and the issue can await trial; any prejudice to the applicant can be addressed at trial, so the court refused to vary the interim order under its inherent jurisdiction.

Court Disposition

Application dismissed

Orders

  • Application to vary interim support is dismissed
  • Costs in the cause