Forest v. Forest

Forest v. Forest

Correcting the arithmetic error (recognizing the admitted work period was 4.5 hours not 5.5) did not change the evaluative weight of the income evidence; after reassessing five income estimates the judge concluded the respondent's income for spousal support should be treated at about $122,000 per year and therefore declined to vary the oral order which directed monthly spousal support of $3,500, set a review date, dismissed the variation application, and awarded costs to the claimant.

Citation
2014 BCSC 1861
Parties
Claimant: Janette Hope Forest; Respondent: Robert Yvon Forest
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
2 October 2014
Procedural Posture
Family Law Spousal Support and Variation of Separation Agreement / In Chambers; Supplemental Reasons Correcting Oral Reasons; Order Not Yet Entered; Appeal Notice Filed
Outcome
Oral order confirmed: respondent to pay spousal support $3,500 per month effective August 1, 2014; spousal support reviewable on or after July 1, 2019; respondent's application to vary Clause 15 dismissed; claimant awarded costs; order to be entered by the registry.
Legal Topics
Income Imputation, Calculation of Spousal Support, Slip Rule / Variation Before Entry, Correction of Judicial Error
Source Language
English
Family Law Spousal Support Civil Procedure Variation of Court Orders Income Imputation Calculation of Spousal Support Slip Rule / Variation Before Entry Correction of Judicial Error

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Parties

Janette Hope Forest

Claimant

Robert Yvon Forest

Respondent

Procedural Posture

Family Law Spousal Support and Variation of Separation Agreement / In Chambers; Supplemental Reasons Correcting Oral Reasons; Order Not Yet Entered; Appeal Notice Filed

Legal Issues

  1. 1 Whether the court should vary the previously pronounced but unentered order after correcting a calculation error
  2. 2 Proper income to impute to respondent for spousal support purposes
  3. 3 Whether the respondent's application to vary Clause 15 of the Separation Agreement should be granted

Ratio Decidendi

Correcting the arithmetic error (recognizing the admitted work period was 4.5 hours not 5.5) did not change the evaluative weight of the income evidence; after reassessing five income estimates the judge concluded the respondent's income for spousal support should be treated at about $122,000 per year and therefore declined to vary the oral order which directed monthly spousal support of $3,500, set a review date, dismissed the variation application, and awarded costs to the claimant.

Court Disposition

Oral order confirmed: respondent to pay spousal support $3,500 per month effective August 1, 2014; spousal support reviewable on or after July 1, 2019; respondent's application to vary Clause 15 dismissed; claimant awarded costs; order to be entered by the registry.

Orders

  • Respondent to pay claimant spousal support of $3,500 per month effective August 1, 2014
  • Spousal support reviewable on or after July 1, 2019