Calow v. Calow, (1996) 141 Sask.R. 78 (CA)

• Judge: Tallis, Cameron and Jackson, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: February 20, 1996
• Jurisdiction: Saskatchewan
• Citations: (1996), 141 Sask.R. 78 (CA)

Calow v. Calow (1996), 141 Sask.R. 78 (CA);

    114 W.A.C. 78

MLB headnote and full text

Michael Neil Calow (appellant) v. Shelley Mae Calow (respondent)

(Appeal File No. 2174)

Indexed As: Calow v. Calow

Saskatchewan Court of Appeal

Tallis, Cameron and Jackson, JJ.A.

February 20, 1996.

Summary:

A trial judge varied spousal and child support. The decision was appealed.

The Saskatchewan Court of Appeal held that, given the fundamental disagreement between the parties as to the underlying facts and the shifting factual base, it could not pass upon the award. The court remitted the matter to the Queen's Bench, Family Law Division, for the hearing of viva voce evi­dence.

Family Law - Topic 4017

Divorce - Corollary relief - Maintenance and awards - Awards - Variation of peri­odic payments or lump sum award - A trial judge varied spousal and child support - The decision was appealed - The Saskatchewan Court of Appeal held that, given the fundamental disagreement between the parties as to the underlying facts and the shifting factual base, it could not pass upon the award - The court remitted the matter to the Queen's Bench, Family Law Division, for the hearing of viva voce evidence.

Counsel:

D. Mullord, for the appellant;

P. Bitz, for the respondent.

This appeal was heard on February 20, 1996, by Tallis, Cameron and Jackson, JJ.A., of the Saskatchewan Court of Appeal.

The decision of the Court of Appeal was delivered orally on February 20, 1996, and the following written reasons were delivered on March 4, 1996, by Jackson, J.A.