J. (P.M.) v. J. (A.D.)

J. (P.M.) v. J. (A.D.)

The Court dismissed the appeal, holding the chambers judge did not err in law or principle: production of Director and police records was properly refused as they were relevant only to custody which the father did not seek; the chambers judge properly applied the s.7 test (McLaughlin) and reasonably characterized...

Source-derived case information.

Citation
2003 BCCA 285
Parties
Appellant: P.M.J.; Respondent: A.D.J.
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
7 May 2003
Procedural Posture
Family Law Appeal / Appeal From Chambers Order (court of Appeal Decision)
Outcome
Appeal dismissed
Legal Topics
Section 7 Child Support Guidelines, Extraordinary Expenses, Production of Child Protection and Police Records, Relevance and Procedural Disclosure, Standard of Appellate Review
Source Language
english
Family Law Child Support Disclosure Custody and Access Section 7 Child Support Guidelines Extraordinary Expenses Production of Child Protection and Police Records Relevance and Procedural Disclosure +1 more

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Summary, issues, holding and outcome

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Parties

P.M.J.

Appellant

A.D.J.

Respondent

Procedural Posture

Family Law Appeal / Appeal From Chambers Order (court of Appeal Decision)

Legal Issues

  1. 1 Whether the father is liable for a proportionate share of children's extracurricular expenses under s.7 of the Child Support Guidelines
  2. 2 Whether records of the Director of Child, Family and Community Services and the New Westminster Police Department are producible to the father
  3. 3 Whether the chambers judge erred in considering a counsellor's letter and information from the father's spouse in the s.7 analysis

Ratio Decidendi

The Court dismissed the appeal, holding the chambers judge did not err in law or principle: production of Director and police records was properly refused as they were relevant only to custody which the father did not seek; the chambers judge properly applied the s.7 test (McLaughlin) and reasonably characterized and apportioned the extracurricular expenses, permissibly considering the father's lack of access, tax refund, credit card expenses and information elicited about his spouse's income.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Chambers judge's order upheld (production and s.7 awards as ordered, except Director and police records not ordered produced)