Gorman v. Gorman, (1994) 133 N.S.R.(2d) 287 (SC)

• Judge: Scanlan, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: June 22, 1994
• Jurisdiction: Nova Scotia
• Citations: (1994), 133 N.S.R.(2d) 287 (SC)

Gorman v. Gorman (1994), 133 N.S.R.(2d) 287 (SC);

  380 A.P.R. 287

MLB headnote and full text

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

(S.C. No. 1201-264808)

Indexed As: Gorman v. Gorman

Nova Scotia Supreme Court

Scanlan, J.

July 18, 1994.

Summary:

A couple divorced in 1983 when their son was four. In 1992, the mother applied to vary the support payments. A Family Court judge made a report and recommended that the mother receive increased child support. The father filed a notice of objection.

The Nova Scotia Supreme Court, in a judgment not reported in this series of reports, dismissed the objection and adopted the recommendation. The husband appealed.

The Nova Scotia Court of Appeal, in a decision reported 132 N.S.R.(2d) 396; 376 A.P.R. 396, 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.

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

Courts - Topic 6170

Provincial courts - Nova Scotia - Family Court - Variance of recommendation to Supreme Court - A couple divorced in 1983 when their son was four - In 1992, the mother applied to vary the support payments - A Family Court judge recom­mended increased child support - The father filed a notice of objection - The Nova Scotia Supreme Court dismissed the objection and adopted the recommendation - The Family Court judge properly con­sidered the respective positions of the parties and properly applied the law - The review court should not fine tune the recommendation.

Family Law - Topic 4017

Divorce - Corollary relief - Maintenance awards - Variation of periodic payments - A couple divorced in 1983 when their son was four - In 1992, the mother applied to vary the support payments - A Family Court judge recommended increased child support - The father filed a notice of objection, arguing, inter alia, that there was no material change in circumstances - The Nova Scotia Supreme Court dismissed the objection and adopted the recommendation - It cost more to keep a 13 year old than a four year old - There were increased clothing costs and schooling and sport related expenses.

Family Law - Topic 4031

Divorce - Corollary relief - Maintenace awards - Effect of contribution of spouse of claimant - A couple divorced in 1983 when their son was four - In 1992, the mother applied to vary the support pay­ments - A Family Court judge recom­mended increased child support - The father filed a notice of objection - The Nova Scotia Supreme Court dismissed the objection and adopted the recommendation - Evidence of the mother's new spouse's income was properly before the court through her affidavit - The Family Court judge considered the income of the mother's new spouse and the extent to which he contributed to her ability to meet the child's needs.

Cases Noticed:

Keddy v. Keddy (1974), 8 N.S.R.(2d) 158 (C.A.), refd to. [paras. 14, 15].

Fahey v. Fahey (1987), 79 N.S.R.(2d) 254; 196 A.P.R. 254 (T.D.), refd to. [para. 15].

Fairchild v. Ashe (1991), 103 N.S.R.(2d) 231; 282 A.P.R. 231 (T.D.), refd to. [para. 15].

Krizsan v. Krizsan (1984), 65 N.S.R.(2d) 169; 147 A.P.R. 169 (C.A.), refd to. [para. 15].

Statutes Noticed:

Civil Procedure Rules (N.S.), rule 35 [para. 15].

Divorce Act, R.S.C. 1985 (2nd Supp.), c. 3, generally [para. 9].

Rules of Court (N.S.) - see Civil Pro­cedure Rules (N.S.).

Counsel:

W. Michael Cooke, Q.C. (Moore, Mac­Donald & Davis), for the appellant;

Samira Zayid (Carruthers & MacDonell), for the respondent.

This matter was heard on June 22, 1994, by Scanlan, J., of the Nova Scotia Supreme Court, who delivered the following judgment on July 18, 1994.