Giesbrecht v. Sira, (1996) 146 Sask.R. 241 (FD)

• Judge: Carter, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: July 03, 1996
• Jurisdiction: Saskatchewan
• Citations: (1996), 146 Sask.R. 241 (FD)

Giesbrecht v. Sira (1996), 146 Sask.R. 241 (FD)

MLB headnote and full text

Shawne Malinda Giesbrecht (formerly known as Shawne Malinda Sira) (petitioner/applicant) v. Clint Douglas Sira (respondent/respondent)

(1988 U.F.C. 679)

Indexed As: Giesbrecht v. Sira

Saskatchewan Court of Queen's Bench

Family Law Division

Judicial Centre of Saskatoon

Carter, J.

July 3, 1996.

Summary:

A mother applied to vary a 1991 support order for two sons.

The Saskatchewan Court of Queen's Bench, Family Law Division, allowed the application.

Family Law - Topic 4017

Divorce - Corollary relief - Maintenance and awards - Awards - Variation of periodic payments or lump sum award - A mother applied to vary a 1991 support order for two sons - The Saskatchewan Court of Queen's Bench, Family Law Division, considered that the husband had proceeds from a personal injury settlement which might earn income or interest - The court held that the increase in the father's net worth was a circumstance which must be taken into account and that it was a changed circumstance - The court stated that "... surely the ability of a parent to support children ought not to be based only upon the income the parent declares, when his or her assets are considerable, and a source from which, by borrowing money and giving adequate collateral he or she can fulfil their obligation to their children" - See paragraph 11.

Counsel:

R.T. McCann, for the petitioner;

D.W. McIver, for the respondent.

This application was heard by Carter, J., of the Saskatchewan Court of Queen's Bench, Family Law Division, Judicial Centre of Saskatoon, who delivered the following decision on July 3, 1996.