DM v SP

JurisdictionAlberta
CourtCourt of Queen's Bench of Alberta (Canada)
JudgeHonourable Mr. Justice M. J. Lema
Neutral Citation2021 ABQB 738
Citation2021 ABQB 738
Docket NumberFL03 45228
Date15 September 2021

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6 practice notes
  • Hatt v Heather
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • November 4, 2021
    ...disclosure, in the circumstances here, would bar retroactive adjustment to child support based on any such decrease(s). See DM v SP, 2021 ABQB 738 (paras 15-65), ... per Colucci [v Colucci, 2021 SCC 24] what matters here is the father’s income disclosure to the mother. On that front, he did......
  • Safari v. Bigharaz
    • Canada
    • Provincial Court of Alberta (Canada)
    • April 24, 2025
    ...by the Supreme Court of Canada (SCC) in Colucci v Colucci, 2021 SCC 24, a divorce case but applicable to matters under the FLA (DM v SP, 2021 ABQB 738) and summarized in Savoie v Lambert, 2024 ABKB 422. Such proper amount of support for each year since the date of retroactivity must be calc......
  • Kelly v Gammon
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • January 19, 2022
    ...support, under the still-prevailing test in Hunt v Smolis-Hunt (cited above). (On this aspect, see also my similar conclusion in DM v SP, 2021 ABQB 738 -- paras [45] All to say: the husband’s income, for interim-spousal-support purposes, is appropriately gauged, at present, at zero, in ligh......
  • Bothe v Bothe
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • June 13, 2022
    ...income that they are earning, which is the basic principle of child support calculation: see Janiten, supra at para. 20-21; DM v SP, 2021 ABQB 738 at paras [27]           Ms. Davis submits that Mr. Bothe’s income is not real, but one of choi......
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6 cases
  • Hatt v Heather
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • November 4, 2021
    ...disclosure, in the circumstances here, would bar retroactive adjustment to child support based on any such decrease(s). See DM v SP, 2021 ABQB 738 (paras 15-65), ... per Colucci [v Colucci, 2021 SCC 24] what matters here is the father’s income disclosure to the mother. On that front, he did......
  • Safari v. Bigharaz
    • Canada
    • Provincial Court of Alberta (Canada)
    • April 24, 2025
    ...by the Supreme Court of Canada (SCC) in Colucci v Colucci, 2021 SCC 24, a divorce case but applicable to matters under the FLA (DM v SP, 2021 ABQB 738) and summarized in Savoie v Lambert, 2024 ABKB 422. Such proper amount of support for each year since the date of retroactivity must be calc......
  • Kelly v Gammon
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • January 19, 2022
    ...support, under the still-prevailing test in Hunt v Smolis-Hunt (cited above). (On this aspect, see also my similar conclusion in DM v SP, 2021 ABQB 738 -- paras [45] All to say: the husband’s income, for interim-spousal-support purposes, is appropriately gauged, at present, at zero, in ligh......
  • Bothe v Bothe
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • June 13, 2022
    ...income that they are earning, which is the basic principle of child support calculation: see Janiten, supra at para. 20-21; DM v SP, 2021 ABQB 738 at paras [27]           Ms. Davis submits that Mr. Bothe’s income is not real, but one of choi......
  • Get Started for Free