Chiasson v. Doucet, 2014 NBCA 49

• Judge: Larlee, Deschênes and Quigg, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: May 15, 2014
• Jurisdiction: New Brunswick
• Citations: 2014 NBCA 49;(2014), 422 N.B.R.(2d) 304 (CA)

Chiasson v. Doucet (2014), 422 N.B.R.(2d) 304 (CA);

    422 R.N.-B.(2e) 304; 1096 A.P.R. 304

MLB headnote and full text

Sommaire et texte intégral

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

.........................

Temp. Cite: [2014] N.B.R.(2d) TBEd. JL.053

Renvoi temp.: [2014] N.B.R.(2d) TBEd. JL.053

David Chiasson (appellant) v. Nancy Doucet (respondent)

(83-13-CA; 2014 NBCA 49)

Indexed As: Chiasson v. Doucet

Répertorié: Chiasson v. Doucet

New Brunswick Court of Appeal

Larlee, Deschênes and Quigg, JJ.A.

July 24, 2014.

Summary:

Résumé:

In a decision not reported in this series of reports, the New Brunswick Court of Queen's Bench, Family Division, dismissed the father's application to vary child support and also imputed income to the father for the years 2009 to 2012 for the purposes of child support. The father appealed.

The New Brunswick Court of Appeal allowed the appeal. The order below was set aside and the matter was remitted to another judge of the Court of Queen's Bench, Family Division.

Courts - Topic 583

Judges - Duties - Re reasons for decisions - An application judge dismissed the father's application to vary child support and also imputed income to the father for the years 2009 to 2012 for the purposes of child support - The New Brunswick Court of Appeal allowed the father's appeal - No reasons were given for dismissing the variation application - It was impossible to determine why the judge decided as he had - The record showed that the judge began by imputing an annual income of $50,000 to the father, but there was no "rational basis underlying" the imputation - This fundamental omission led the court to believe that the judge had not considered the relevant essential criteria and that he had selected an amount in an arbitrary fashion - The order below was set aside and the matter was remitted to another judge of the Court of Queen's Bench, Family Division.

Tribunaux - Cote 583

Juges - Devoirs - Motifs de décision - [Voir Courts - Topic 583 ].

Cases Noticed:

MacDonald v. MacDonald (2011), 372 N.B.R.(2d) 179; 961 A.P.R. 179; 2011 NBCA 25, refd to. [para. 4].

Milton v. Milton (2008), 338 N.B.R.(2d) 300; 866 A.P.R. 300; 2008 NBCA 87, refd to. [para. 5].

Hickey v. Hickey, [1999] 2 S.C.R. 518; 240 N.R. 312; 138 Man.R.(2d) 40; 202 W.A.C. 40, refd to. [para. 6].

Smith v. Smith (2011), 375 N.B.R.(2d) 208; 969 A.P.R. 208; 2011 NBCA 66, refd to. [para. 7].

P.R.H. v. M.E.L. (2009), 343 N.B.R.(2d) 100; 881 A.P.R. 100; 2009 NBCA 18, refd to. [para. 8].

J.A.M. v. D.L.M. (2008), 326 N.B.R.(2d) 111; 838 A.P.R. 111; 2008 NBCA 2, refd to. [para. 9].

Donovan v. Donovan (2000), 150 Man.R.(2d) 116; 230 W.A.C. 116; 2000 MBCA 80, refd to. [para. 9].

Drygala v. Pauli (2002), 164 O.A.C. 241 (C.A.), refd to. [para. 9].

LeBlanc v. LeBlanc (2013), 401 N.B.R.(2d) 334; 1041 A.P.R. 334; 2013 NBCA 22, refd to. [para. 9].

Counsel:

Avocats:

Terence Connelly, for the appellant;

Donald Cormier, for the respondent.

This appeal was heard on May 15, 2014, by Larlee, Deschênes and Quigg, JJ.A., of the New Brunswick Court of Appeal. On July 24, 2014, Larlee, J.A., rendered the following judgment in both official languages for the court.