Bassett v. Magee, (2015) 382 B.C.A.C. 1 (CA)
| Judge | Donald, Saunders and Fenlon, JJ.A. |
| Court | Court of Appeal (British Columbia) |
| Case Date | December 14, 2015 |
| Jurisdiction | British Columbia |
| Citations | (2015), 382 B.C.A.C. 1 (CA);2015 BCCA 511 |
Bassett v. Magee (2015), 382 B.C.A.C. 1 (CA);
660 W.A.C. 1
MLB headnote and full text
Temp. Cite: [2016] B.C.A.C. TBEd. JA.009
Dean Leigh Bassett (appellant/claimant) v. Erin Maureen Magee (respondent/respondent)
(CA42576; 2015 BCCA 511)
Indexed As: Bassett v. Magee
British Columbia Court of Appeal
Donald, Saunders and Fenlon, JJ.A.
December 14, 2015.
Summary:
The parties were divorced. Parenting of their two children was the central issue in the high-conflict litigation. The resolution of the issue involved determining the mother's relocation. The father sought primary parenting. Pre-trial, the father was found to be in contempt.
The British Columbia Supreme Court, in a decision reported at [2015] B.C.T.C. Uned. 237, awarded primary care of the children to the mother, and allowed her to move with the children to Vernon at the end of the school year. The father appealed the contempt order, the parenting decision, and many other issues. The appeal proceeded on an expedited basis.
The British Columbia Court of Appeal, in a decision reported at 377 B.C.A.C. 249; 648 W.A.C. 249, set aside the finding of contempt and the relocation order, but dismissed the father's claim for primary residence. Not all issues were addressed in the Court's reasons. The father applied to reopen the appeal. The final order had not been entered.
The British Columbia Court of Appeal, in the interests of justice, allowed the application to reopen on the following terms: (1) the appeal against the order of arrears of child maintenance was dismissed; (2) the issue of parenting time and contact was referred to the Supreme Court; and (3) there was no change to the disposition of costs at trial or on appeal.
Family Law - Topic 4130
Divorce - Practice - General - Rehearing - See paragraphs 1 to 25.
Practice - Topic 6922
Costs - General principles - Power to amend award (incl. rehearing) - See paragraphs 18 to 23.
Practice - Topic 9136
Appeals - Hearing of appeal - Rehearing or reconsideration - When available - See paragraphs 1 to 3, 7.
Practice - Topic 9256
Appeals - Judgments by appeal court - Remittal to lower court - When appropriate - See paragraphs 11 to 17.
Counsel:
M.M. Ahluwalia Brar and D.E. Reimer, for the appellant;
M.A. Matthews, for the respondent.
This application to reopen the appeal was heard, via written submissions received on November 3, 4 and 23, 2015, at Vancouver, British Columbia, by Donald, Saunders and Fenlon, JJ.A., of the British Columbia Court of Appeal. In reasons written by Donald, J.A., the Court delivered the following supplementary judgment, dated December 14, 2015.
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Bassett v. Magee,
...7, 2015 on the appeal, Mr. Bassett sought to have the appeal reopened. Supplementary Reasons were issued December 14, 2015 (indexed at 2015 BCCA 511). On the issue of arrears, Mr. Bassett submitted that one of the errors made by the trial judge was failure to take his undue hardship into ac......
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Bassett v. Magee, 2016 BCCA 329
...to the Court seeking "clarification" of its ruling in the family law appeal. That appeal was eventually re-opened with reasons indexed at 2015 BCCA 511. As part of her submissions on re-opening, Ms. Magee asked the Court by letter of 23 November 2015 to "reconsider" its award of special cos......
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Bassett v. Magee, 2018 BCSC 2322
...support order. [27] On December 14, 2015, the Court of Appeal issued supplementary written reasons for judgment, which are now indexed at 2015 BCCA 511. The Court acknowledged that it had not dealt with Mr. Bassett’s appeal in relation to his arrears but then dismissed his appeal. Mr. Basse......
-
Bassett v. Magee, 2016 BCCA 329
...to the Court seeking "clarification" of its ruling in the family law appeal. That appeal was eventually re-opened with reasons indexed at 2015 BCCA 511. As part of her submissions on re-opening, Ms. Magee asked the Court by letter of 23 November 2015 to "reconsider" its award of special cos......
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Bassett v. Magee,
...7, 2015 on the appeal, Mr. Bassett sought to have the appeal reopened. Supplementary Reasons were issued December 14, 2015 (indexed at 2015 BCCA 511). On the issue of arrears, Mr. Bassett submitted that one of the errors made by the trial judge was failure to take his undue hardship into ac......
-
Bassett v. Magee, 2018 BCSC 2322
...support order. [27] On December 14, 2015, the Court of Appeal issued supplementary written reasons for judgment, which are now indexed at 2015 BCCA 511. The Court acknowledged that it had not dealt with Mr. Bassett’s appeal in relation to his arrears but then dismissed his appeal. Mr. Basse......