Q.X. v. J.R.L.

Q.X. v. J.R.L.

The application is dismissed because it improperly seeks to revive and relitigate issues finally determined after a full trial; the applicant failed to demonstrate the required material change in circumstances to vary final support orders; the matters sought are intertwined with significant credibility findings from trial and cannot be resolved fairly on written submissions under COVID‑19 Notice #14.

Citation
2020 BCSC 1875
Parties
Claimant: Q.X.; Respondent: J.R.L.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
1 December 2020
Procedural Posture
Family Law Child and Spousal Support / Application by Written Submission (covid 19 Notice #14) to Vary/review Support Orders
Outcome
Application dismissed.
Legal Topics
Variation of Support Orders, Written Submissions Procedure, Material Change in Circumstances, Credibility Findings, Restraint on Disposal of Assets, Res Judicata / Finality
Source Language
English
Family Law Child Support Spousal Support Disclosure Civil Procedure Variation of Support Orders Written Submissions Procedure Material Change in Circumstances +3 more

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Parties

Q.X.

Claimant

J.R.L.

Respondent

Procedural Posture

Family Law Child and Spousal Support / Application by Written Submission (covid 19 Notice #14) to Vary/review Support Orders

Legal Issues

  1. 1 Whether the written submissions process is an appropriate forum to vary final child and spousal support orders made after trial
  2. 2 Whether the applicant established a material change in circumstances to justify variation of support
  3. 3 Whether disclosure and asset restraint orders seeking post-trial financial records are appropriate in this proceeding

Ratio Decidendi

The application is dismissed because it improperly seeks to revive and relitigate issues finally determined after a full trial; the applicant failed to demonstrate the required material change in circumstances to vary final support orders; the matters sought are intertwined with significant credibility findings from trial and cannot be resolved fairly on written submissions under COVID‑19 Notice #14.

Court Disposition

Application dismissed.

Orders

  • Application by written submission dismissed