R.E.L. v. M.L.S.B.

R.E.L. v. M.L.S.B.

Despite identifying misstatements in the Provincial Court reasons and noting increased independence by J.P., the appellate court concluded on the evidence that J.P. remains unable fully to obtain the necessaries of life under s.87 and therefore affirmed the Provincial Court's substantive conclusion, but varied the order to grant the father a right of review in two years.

Citation
2008 BCSC 663
Parties
Appellant: R.E.L.; Respondent: M.L.S.B.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
29 May 2008
Procedural Posture
Family Law Child Support (appeal Under Family Relations Act) / Appeal From Provincial Court Review Judgment
Outcome
Appeal dismissed; Provincial Court determination that J.P. remains a child under s.87 Family Relations Act affirmed, with variation granting father a right of review in two years; costs awarded to respondent.
Legal Topics
Child Support, Definition of Child Under S.87, Standard of Review, Misapprehension of Evidence, Capacity to Obtain Necessaries
Source Language
English
Family Law Appeals Child Support Definition of Child Under S.87 Standard of Review Misapprehension of Evidence Capacity to Obtain Necessaries

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Parties

R.E.L.

Appellant

M.L.S.B.

Respondent

Procedural Posture

Family Law Child Support (appeal Under Family Relations Act) / Appeal From Provincial Court Review Judgment

Legal Issues

  1. 1 Whether J.P. is a "child" under s.87 of the Family Relations Act
  2. 2 Whether the Provincial Court judge made a significant misapprehension of the evidence warranting appellate intervention
  3. 3 Appropriate remedy if error identified (set aside, vary or remit)

Ratio Decidendi

Despite identifying misstatements in the Provincial Court reasons and noting increased independence by J.P., the appellate court concluded on the evidence that J.P. remains unable fully to obtain the necessaries of life under s.87 and therefore affirmed the Provincial Court's substantive conclusion, but varied the order to grant the father a right of review in two years.

Court Disposition

Appeal dismissed; Provincial Court determination that J.P. remains a child under s.87 Family Relations Act affirmed, with variation granting father a right of review in two years; costs awarded to respondent.

Orders

  • J.P. remains a child for the purposes of s.87 Family Relations Act
  • R.L. granted a right of review in two years from the date of judgment