Bodnar v. Blackman

Bodnar v. Blackman

The appeal is allowed and the child support determination under s.3(2)(b) is remitted for a fresh hearing because the motion judge failed to provide adequate reasons and necessary factual findings regarding the means and needs of the children and the financial ability of the parties, preventing meaningful appellate...

Source-derived case information.

Citation
C44542
Parties
Applicant/appellant: William Bodnar; Respondent: Wendy Blackman
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
18 September 2006
Procedural Posture
Family Law Child Support Appeal / Appeal to Court of Appeal From Superior Court of Justice Motion Judgment
Outcome
Appeal allowed in part; order for child support under s.3(2)(b) set aside and remitted for fresh hearing
Legal Topics
Section 3(2)(b) of the Federal Child Support Guidelines, Adequacy of Reasons, Remittal for Fresh Hearing, Costs
Source Language
english
Family Law Child Support Procedural Law Section 3(2)(b) of the Federal Child Support Guidelines Adequacy of Reasons Remittal for Fresh Hearing Costs

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Parties

William Bodnar

Applicant/appellant

Wendy Blackman

Respondent

Procedural Posture

Family Law Child Support Appeal / Appeal to Court of Appeal From Superior Court of Justice Motion Judgment

Legal Issues

  1. 1 Whether the motion judge provided adequate reasons for setting child support under s.3(2)(b) of the Federal Child Support Guidelines
  2. 2 Whether the motion judge considered the relevant factors required by s.3(2)(b) including the condition, means, needs and other circumstances of the children and the financial ability of each spouse
  3. 3 Whether the order improperly relied primarily on appellant's income and failed to account for s.7 expenses and dual residences of post-secondary children

Ratio Decidendi

The appeal is allowed and the child support determination under s.3(2)(b) is remitted for a fresh hearing because the motion judge failed to provide adequate reasons and necessary factual findings regarding the means and needs of the children and the financial ability of the parties, preventing meaningful appellate review and proper exercise of discretion under s.3(2)(b).

Court Disposition

Appeal allowed in part; order for child support under s.3(2)(b) set aside and remitted for fresh hearing

Orders

  • Matter of child support payable by appellant pursuant to s.3(2)(b) remitted for fresh hearing
  • Costs of this appeal fixed at CAD 7500 inclusive of disbursements and GST