Boudreau v. Boudreau, 2015 SKCA 65

• Judge: Jackson, Lane and Whitmore, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: May 29, 2015
• Jurisdiction: Saskatchewan
• Citations: 2015 SKCA 65;(2015), 460 Sask.R. 231 (CA)

Boudreau v. Boudreau (2015), 460 Sask.R. 231 (CA);

    639 W.A.C. 231

MLB headnote and full text

Temp. Cite: [2015] Sask.R. TBEd. JN.023

Renee Marie Boudreau (appellant/petitioner) v. Alderic Desire Boudreau (respondent/respondent)

(CACV2631; 2015 SKCA 65)

Indexed As: Boudreau v. Boudreau

Saskatchewan Court of Appeal

Jackson, Lane and Whitmore, JJ.A.

May 29, 2015.

Summary:

A January 2013 corollary relief order issued by a Nova Scotia court incorporated the terms of an earlier separation agreement and required the father to pay child support in an amount less than that which would have been determined in accordance with the Federal Child Support Guidelines. The mother presently lived in Saskatchewan with the parties' child. The father continued to reside in Nova Scotia. The mother applied for a variation of child support, retroactive to February 2013, so that the amount would be in accordance with the Guidelines.

The Saskatchewan Court of Queen's Bench, in a decision reported at (2014), 456 Sask.R. 274, dismissed the application. The mother appealed.

The Saskatchewan Court of Appeal dismissed the appeal.

Family Law - Topic 2228

Maintenance of spouses and children - Interim relief - Variation of interim relief - [See Family Law - Topic 4085.3 ].

Family Law - Topic 2229

Maintenance of spouses and children - Interim relief - Appeals - [See Family Law - Topic 4085.3 ].

Family Law - Topic 2384

Maintenance of spouses and children - Variation of - Grounds (incl. changed circumstances) - [See Family Law - Topic 4085.3 ].

Family Law - Topic 2392

Maintenance of spouses and children - Variation of - Interim orders - [See Family Law - Topic 4085.3 ].

Family Law - Topic 4045.8

Divorce - Corollary relief - Maintenance - Child support guidelines - Changed circumstances - [See Family Law - Topic 4085.3 ].

Family Law - Topic 4080

Divorce - Corollary relief - Interim maintenance - Variation of - [See Family Law - Topic 4085.3 ].

Family Law - Topic 4085.3

Divorce - Corollary relief - Interim maintenance - Appeals - The parties were divorced in January 2013 in Nova Scotia - The corollary relief order required the father to pay child support - Subsequently, the mother and the child moved to Saskatchewan - A chambers judge in Saskatchewan dismissed the mother's application to vary the child support order - The mother appealed, arguing that the chambers judge erred by failing to find a material change in circumstances arising from (1) a decrease in the mother's income; (2) an increase in the father's income; and (3) a decrease in the father's access costs - The Saskatchewan Court of Appeal dismissed the appeal - In the court's view, this was an appeal from an interim order - Although the mother's affidavit evidence could be taken as showing that she would receive less income in the future, the documentary evidence as to her actual present income did not bear out her claim at this time - The court declined to consider the issue of the father's income as it had been raised for the first time on appeal and in oral submissions only - The issue of access costs would not on its own cause the court to depart from its long-standing practice of not hearing appeals from interim orders.

Cases Noticed:

Foss v. Foss (1991), 31 R.F.L.(3d) 367 (Sask. C.A.), refd to. [para. 2].

Frank v. Linn (2014), 442 Sask.R. 126; 616 W.A.C. 126; 2014 SKCA 87, refd to. [para. 2].

Counsel:

Beau J. Atkins, for the appellant;

André Y. Poulin-Denis, for the respondent.

This appeal was heard on May 29, 2015, before Jackson, Lane and Whitmore, JJ.A., of the Saskatchewan Court of Appeal. The appeal was dismissed orally on the same date and Jackson, J.A., delivered the following written reasons.