S.M.R.C. v. S.H.C.

S.M.R.C. v. S.H.C.

The applicant failed to discharge the onus to show a material change or other statutory basis for variation because the trial judge was aware that employment insurance would end and expressly contemplated the possibility of continued unemployment; therefore the variation application is dismissed.

Citation
2014 BCSC 2197
Parties
Claimant: S.M.R.C.; Respondent/applicant: S.H.C.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
22 October 2014
Procedural Posture
Variation of Support Orders Under Divorce Act and Family Law Act / Post Trial Application to Vary Spousal and Child Support (in Chambers)
Outcome
Application to vary child and spousal support dismissed.
Legal Topics
Variation of Support Orders, Material Change of Circumstances, Reviewability, Liberty to Apply, Onus of Proof
Source Language
English
Family Law Divorce Act Family Law Act Child Support Spousal Support Variation of Support Orders Material Change of Circumstances Reviewability +2 more

Case Brief

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Parties

S.M.R.C.

Claimant

S.H.C.

Respondent/applicant

Procedural Posture

Variation of Support Orders Under Divorce Act and Family Law Act / Post Trial Application to Vary Spousal and Child Support (in Chambers)

Legal Issues

  1. 1 Whether cessation of employment insurance and continued unemployment constitute a material change of circumstances warranting variation of child and spousal support
  2. 2 Whether the trial judge's expectation that the applicant would obtain employment amounts to a basis for variation when that expectation does not materialize
  3. 3 Whether the grant of liberty to apply creates an entitlement to vary the orders

Ratio Decidendi

The applicant failed to discharge the onus to show a material change or other statutory basis for variation because the trial judge was aware that employment insurance would end and expressly contemplated the possibility of continued unemployment; therefore the variation application is dismissed.

Court Disposition

Application to vary child and spousal support dismissed.

Orders

  • Applications for variation dismissed.