L.E.S. v. J.C.S.

L.E.S. v. J.C.S.

Master Muir set spousal support at $5,930 per month effective January 1, 2021; refused the respondent's reconsideration of an interim distribution because he is not the economically disadvantaged spouse — he has no debt, approximately $700,000 in assets and annual income over $184,000 and there was no evidence he could not access or borrow against those assets — and awarded the claimant special costs for the July and October hearings because the respondent's conduct (refusal to support, obstructive disclosure, disobeying orders and continuing abusive behaviour) warranted rebuke.

Citation
2021 BCSC 2087
Parties
Claimant: L.E.S.; Respondent: J.C.S.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
25 October 2021
Procedural Posture
Family Law Application Under Family Law Act / Interlocutory Applications and Reconsideration (in Chambers)
Outcome
Spousal support ordered at $5,930 per month payable from January 1, 2021; respondent's application for interim distribution denied; claimant awarded special costs for the July 21-22, 2021 and October 1 and 6, 2021 hearings (in any event of the cause).
Legal Topics
Interim Distribution Under S.89, Section 7 Expenses, Spousal Support Calculation, Special Costs for Reprehensible Conduct, Disclosure and Compliance With Court Orders, Family Violence Findings
Source Language
English
Family Law Spousal Support Child Support Property Division Civil Procedure Costs Interim Distribution Under S.89 Section 7 Expenses Spousal Support Calculation +3 more

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Parties

L.E.S.

Claimant

J.C.S.

Respondent

Procedural Posture

Family Law Application Under Family Law Act / Interlocutory Applications and Reconsideration (in Chambers)

Legal Issues

  1. 1 Whether spousal support should be calculated after accounting for s.7 expenses given staggered commencement dates
  2. 2 Whether respondent is entitled to an interim distribution under s.89 of the Family Law Act
  3. 3 Whether special costs should be awarded for the July 21-22, 2021 and October 1 and 6, 2021 hearings due to respondent's conduct

Ratio Decidendi

Master Muir set spousal support at $5,930 per month effective January 1, 2021; refused the respondent's reconsideration of an interim distribution because he is not the economically disadvantaged spouse — he has no debt, approximately $700,000 in assets and annual income over $184,000 and there was no evidence he could not access or borrow against those assets — and awarded the claimant special costs for the July and October hearings because the respondent's conduct (refusal to support, obstructive disclosure, disobeying orders and continuing abusive behaviour) warranted rebuke.

Court Disposition

Spousal support ordered at $5,930 per month payable from January 1, 2021; respondent's application for interim distribution denied; claimant awarded special costs for the July 21-22, 2021 and October 1 and 6, 2021 hearings (in any event of the cause).

Orders

  • Spousal support payable by respondent to claimant in the amount of $5,930 per month commencing January 1, 2021.
  • Application for interim distribution to respondent under s.89 denied.