Beninger v. Beninger

Beninger v. Beninger

The Court held the chambers judge did not err: the finding that the respondent's Guideline income for 2008 was $416,400 was supported by the evidence; the business expense deductions and tax treatment were sufficiently proven for support purposes and any tax return accuracy issues are for CRA to resolve; the...

Source-derived case information.

Citation
2009 BCCA 458
Parties
Appellant (plaintiff): Joan Lorraine Beninger; Respondent (defendant): Michael John Beninger
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
16 October 2009
Procedural Posture
Divorce / Family Law – Child and Spousal Support / Appeal to the Court of Appeal From Supreme Court of British Columbia (judgment on Variation)
Outcome
Appeal dismissed; chambers judge's orders upheld
Legal Topics
Variation of Support Orders, Child Support Guidelines, Spousal Support Advisory Guidelines, Standard of Review on Appeal, Disclosure and Business Expense Deductions, Application of S.17(4.1) of the Divorce Act
Source Language
english
Family Law Divorce Child Support Spousal Support Income Assessment Variation of Support Orders Child Support Guidelines Spousal Support Advisory Guidelines +3 more

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Parties

Joan Lorraine Beninger

Appellant (plaintiff)

Michael John Beninger

Respondent (defendant)

Procedural Posture

Divorce / Family Law – Child and Spousal Support / Appeal to the Court of Appeal From Supreme Court of British Columbia (judgment on Variation)

Legal Issues

  1. 1 Proper determination of payor's income for Child Support Guidelines purposes
  2. 2 Whether business expense deductions and non‑inclusion of Law Society fees as taxable benefit were appropriately treated
  3. 3 Whether the application was properly treated as a variation under s.17 and whether s.17(4.1) was applied

Ratio Decidendi

The Court held the chambers judge did not err: the finding that the respondent's Guideline income for 2008 was $416,400 was supported by the evidence; the business expense deductions and tax treatment were sufficiently proven for support purposes and any tax return accuracy issues are for CRA to resolve; the application was properly considered as a variation under s.17 and the chambers judge judicially exercised discretion in fixing spousal support within the advisory Guidelines range; appeal dismissed.

Court Disposition

Appeal dismissed; chambers judge's orders upheld

Orders

  • Appeal dismissed
  • Chambers judge's determination of respondent's 2008 income for Guidelines purposes at $416,400 upheld