Gorman v. Gorman, (1994) 132 N.S.R.(2d) 396 (CA)

• Judge: Jones, Freeman and Roscoe, JJ.A.
• Court: Court of Appeal of Nova Scotia (Canada)
• Case Date: January 26, 1994
• Jurisdiction: Nova Scotia
• Citations: (1994), 132 N.S.R.(2d) 396 (CA)

Gorman v. Gorman (1994), 132 N.S.R.(2d) 396 (CA);

  376 A.P.R. 396

MLB headnote and full text

Terry Austin Gorman (appellant) v. Winnifred Colleen Gorman (respondent)

(File No. C.A. 02830)

Indexed As: Gorman v. Gorman

Nova Scotia Court of Appeal

Jones, Freeman and Roscoe, JJ.A.

March 7, 1994.

Summary:

A Family Court judge made a report and recommended that a divorced wife receive increased child support. The husband filed a notice of objection.

The Nova Scotia Supreme Court dismissed the objection and adopted the recommenda­tion. The husband appealed.

The Nova Scotia Court of Appeal allowed the appeal and remitted the matter to the Supreme Court for hearing of the objection after the proper record was filed in that court.

Family Law - Topic 4018

Divorce - Corollary relief - Maintenance and awards - Awards - Variation of - Jurisdiction - A Family Court judge filed a recommendation with the Supreme Court that child support be increased - The husband's notice of objection was dis­missed by a Supreme Court judge - The husband appealed, arguing that the Supreme Court judge erred in adopting the recommendation because the transcript and the Family Court judge's decision were not filed in the Supreme Court and there was no evidence presented at the Supreme Court hearing - The Nova Scotia Court of Appeal allowed the appeal, holding that there was insufficient evidence before the Supreme Court judge to properly exercise his jurisdiction under the Divorce Act, s. 17(4) - The matter was remitted to the Supreme Court for hearing after the proper record was filed.

Cases Noticed:

Krizsan v. Krizsan (1984), 65 N.S.R.(2d) 169; 163 A.P.R. 169 (C.A.), refd to. [para. 8].

Jeffs (James Edward) v. New Zealand Dairy Production and Marketing Board, [1966] 3 All E.R. 863; [1967] 1 A.C. 555 (P.C.), refd to. [para. 11].

Statutes Noticed:

Civil Procedure Rules (N.S.), rule 35.03 [para. 7]; rule 57.30(7), rule 57.30(9), rule 57.30(10) [para. 6].

Divorce Act, R.S.C. 1985 (2nd Supp.), c. 3, sect. 2(1), sect. 3(5), sect. 17(4) [para. 11].

Counsel:

Michael Cooke, Q.C., for the appellant;

Samira Zayid, for the respondent.

This appeal was heard on January 26, 1994, before Jones, Freeman and Roscoe, JJ.A., of the Nova Scotia Court of Appeal. The decision of the court was delivered by Roscoe, J.A., on March 7, 1994.