T.A.W. v. S.R.W.

T.A.W. v. S.R.W.

The contempt application was dismissed because the application was not framed with requisite precision and the applicant failed to prove mens rea beyond a reasonable doubt; variation applications were refused because the change in reported income was minimal and the respondent's income was in flux such that assessment should await trial; instead an interim supervisory disclosure order requiring monthly franchise income and remuneration statements was made and the claimant was enjoined from enforcing current support orders while the respondent complies; respondent awarded costs in the cause on Scale B.

Citation
2013 BCSC 907
Parties
Claimant: T.A.W.; Respondent: S.R.W.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
23 May 2013
Procedural Posture
Family Law Child and Spousal Support and Custody / Interim Applications (chambers Hearing Pre Trial)
Outcome
Contempt and security for costs applications dismissed; variation and particulars applications deemed premature; interim supervisory disclosure order granted; current interim support orders left in place pending trial; respondent awarded costs in the cause on Scale B.
Legal Topics
Child Support, Spousal Support, Contempt, Security for Costs, Variation of Interim Orders, Disclosure/particulars, Interim Relief, Costs
Source Language
English
Family Law Civil Procedure Contempt of Court Support Enforcement Child Support Spousal Support Contempt Security for Costs +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 6 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

T.A.W.

Claimant

S.R.W.

Respondent

Procedural Posture

Family Law Child and Spousal Support and Custody / Interim Applications (chambers Hearing Pre Trial)

Legal Issues

  1. 1 Whether respondent is in contempt for failing to comply with interim support orders
  2. 2 Whether interim child and spousal support orders should be varied retroactively
  3. 3 Whether security for costs should be ordered

Ratio Decidendi

The contempt application was dismissed because the application was not framed with requisite precision and the applicant failed to prove mens rea beyond a reasonable doubt; variation applications were refused because the change in reported income was minimal and the respondent's income was in flux such that assessment should await trial; instead an interim supervisory disclosure order requiring monthly franchise income and remuneration statements was made and the claimant was enjoined from enforcing current support orders while the respondent complies; respondent awarded costs in the cause on Scale B.

Court Disposition

Contempt and security for costs applications dismissed; variation and particulars applications deemed premature; interim supervisory disclosure order granted; current interim support orders left in place pending trial; respondent awarded costs in the cause on Scale B.

Orders

  • Contempt application dismissed for lack of precision and failure to prove mens rea beyond a reasonable doubt
  • Application for security for costs dismissed