Lyttle v. Bourget

Lyttle v. Bourget

The court found Dr. Bourget did not hide income in his corporation or trust and that his family primarily survived on debt, the Child Support Guidelines do not authorize ordering parties into debt or to use family trusts to fund a child’s education, and Ms. Lyttle’s refusal to accept reasonable settlement proposals justified a costs award to Dr. Bourget in the amount of $15,000.

Citation
2013 NSSC 346
Parties
Petitioner: Laura Lee Lyttle; Respondent/applicant: Louis Andre Bourget
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
23 October 2013
Procedural Posture
Family Division Corollary Relief/variation of Child Support / Final Decision on Variation and Costs
Outcome
Application for variation proceeded; court denied compulsion to use corporate debt or family trust mechanisms, relieved mother of certain prior education payment obligations by agreement at conclusion of hearing, and awarded costs to Dr. Bourget.
Legal Topics
Variation of Child Support, Section 7 Expenses, Costs Awards, Financial Disclosure, Family Trust and Corporate Structures, Education Expense Funding, Enforcement of Prior Corollary Relief Order
Source Language
English
Family Law Child Support Costs Enforcement Corporate Attribution of Income Variation of Child Support Section 7 Expenses Costs Awards +4 more

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Parties

Laura Lee Lyttle

Petitioner

Louis Andre Bourget

Respondent/applicant

Procedural Posture

Family Division Corollary Relief/variation of Child Support / Final Decision on Variation and Costs

Legal Issues

  1. 1 Whether child support and section 7 expenses should be varied or recalculated
  2. 2 Whether corporate income or family trust funds should be attributed to the father for support purposes
  3. 3 Whether prior corollary relief obligations should be enforced or relieved

Ratio Decidendi

The court found Dr. Bourget did not hide income in his corporation or trust and that his family primarily survived on debt, the Child Support Guidelines do not authorize ordering parties into debt or to use family trusts to fund a child’s education, and Ms. Lyttle’s refusal to accept reasonable settlement proposals justified a costs award to Dr. Bourget in the amount of $15,000.

Court Disposition

Application for variation proceeded; court denied compulsion to use corporate debt or family trust mechanisms, relieved mother of certain prior education payment obligations by agreement at conclusion of hearing, and awarded costs to Dr. Bourget.

Orders

  • Costs awarded to Louis Andre Bourget in the amount of $15,000.00
  • Ms. Lyttle relieved of the obligations under paragraphs 3 and 4 of the Varied Corollary Relief Order dated July 30, 2008 as a result of the parties' discussions at the end of the hearing