Giles v. Villeneuve
The appeal is dismissed because the issue of third‑party contributions was not squarely presented and the factual record was insufficient to resolve the novel principle; the trial judge's assumption that the mother was paying $230 per month stands and the appellant may pursue the issue on a variation application.
Source-derived case information.
- Citation
- C31052
- Parties
- Appellant: Joanne Giles; Respondent: Jeffrey Villeneuve
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 5 October 1999
- Procedural Posture
- Family / Appeal From Trial Judgment
- Outcome
- Appeal dismissed without costs
- Legal Topics
- Child Expenses, Third‑party Contributions, Grandparents' Contributions, Variation Application, Appellate Procedure, Evidence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joanne Giles
Appellant
Jeffrey Villeneuve
Respondent
Procedural Posture
Family / Appeal From Trial Judgment
Legal Issues
- 1 Whether appellate court should decide the principle of treating third‑party (including grandparents') contributions as offsets to parental obligations
- 2 Whether the trial judge's factual finding that the mother paid $230 per month was properly founded on the record
- 3 Whether the issue was properly put to the trial judge and on appeal
Ratio Decidendi
The appeal is dismissed because the issue of third‑party contributions was not squarely presented and the factual record was insufficient to resolve the novel principle; the trial judge's assumption that the mother was paying $230 per month stands and the appellant may pursue the issue on a variation application.
Court Disposition
Appeal dismissed without costs
Orders
- Appeal dismissed without costs
- Issue of third‑party contributions may be raised on a variation application
Full Case Text
Judgment text and source record
1 paragraphs
Giles v. Villeneuve Collection Decisions of the Court of Appeal Date 1999-10-05 Docket numbers C31052 Judges Finlayson, George Duncan; Moldaver, Michael James; Sharpe, Robert J. Subject Family Decision Content DATE: 19991005 DOCKET: C31052 COURT OF APPEAL FOR ONTARIO RE: JOANNE GILES (Appellant) v. JEFFREY VILLENEUVE (Respondent) BEFORE: FINLAYSON, MOLDAVER AND SHARPE JJ.A. COUNSEL: Michael H. Rhude For the appellant Roslyn M. Tsao For the respondent HEARD: October 4, 1999 On appeal from the judgment of Mossip J. dated October 29, 1998. ENDORSEMENT [1] In our view, on the factual record before us, it would not be appropriate to address the important issue of principle raised by the appellant. The trial judge noted that the evidence with regard to the payment of the child’s expenses ought to have been more carefully prepared and presented and he proceeded on the basis that the mother was paying $230 per month towards those expenses. [2] The issue raised before us does not appear to have been put squarely to the trial judge or to Justice Mossip on appeal. It remains open to the appellant to raise the issue relating to contributions from third parties, including the grandparents, on a variation application. [3] The appeal is dismissed, in the circumstances, without costs. “G. D. Finlayson J.A.” “M. J. Moldaver J.A.” “Robert J. Sharpe J.A.”