Jacobs v. Jacobs, (2015) 371 B.C.A.C. 101 (CA)

JudgeChiasson, J.A.
CourtCourt of Appeal (British Columbia)
Case DateMarch 12, 2015
JurisdictionBritish Columbia
Citations(2015), 371 B.C.A.C. 101 (CA);2015 BCCA 173

Jacobs v. Jacobs (2015), 371 B.C.A.C. 101 (CA);

    636 W.A.C. 101

MLB headnote and full text

Temp. Cite: [2015] B.C.A.C. TBEd. AP.035

Hilton Howard Jacobs (appellant/plaintiff) v. Tanya Michelle Jacobs (respondent/defendant)

(CA042599; 2015 BCCA 173)

Indexed As: Jacobs v. Jacobs

British Columbia Court of Appeal

Chiasson, J.A.

April 23, 2015.

Summary:

The parties' divorce order provided, by consent, for child support under the Federal Child Support Guidelines, based on the father's income of $70,000 and the mother's of $35,000. The $70,000 figure had been agreed to by the parties in a separation agreement. The mother applied for orders declaring the father to be in breach of the separation agreement and for child support based on the father's income of $120,000. Bowden, J., found that the father's income was $75,000 and the mother's was $42,000. The father was ordered to pay the set off amount of child support of $495 per month. The father applied to vary the order. Watchuk, J., ordered a reference to the Registrar. The parties did not set down the hearing ordered by Watchuk, J., and did not enter the order. The father applied to vary Bowden, J.'s order. The mother also applied to vary the order.

The British Columbia Supreme Court, in a decision reported at [2015] B.C.T.C. Uned. 94, dismissed both applications. The father instructed his lawyer to appeal, but the lawyer failed to do so. The father terminated his relationship with his lawyer and applied for an extension of time to bring the appeal. The mother applied for a declaration that the father required leave to appeal.

The British Columbia Court of Appeal, per Chiasson, J.A., dismissed both applications. Leave to appeal was not required as the order below was a final order. The father's appeal lacked merit.

Family Law - Topic 4165

Divorce - Practice - Appeals - Extension of time for filing and serving notice of appeal (incl. cross-appeal) - See paragraphs 16 to 30.

Practice - Topic 5729

Judgments and orders - Final judgments and orders - What constitute - See paragraphs 14 and 15.

Practice - Topic 8871.2

Appeals - Leave to appeal - Whether required (incl. extension of time for determining) - See paragraphs 14 and 15.

Practice - Topic 9002

Appeals - Notice of appeal - Extension of time for filing and serving notice of appeal - See paragraphs 16 to 30.

Cases Noticed:

Davies v. Canadian Imperial Bank of Commerce (1987), 15 B.C.L.R.(2d) 256 (C.A.), refd to. [para. 17].

Kedia International Inc. et al. v. Royal Bank of Canada et al., [2008] B.C.A.C. Uned. 94; 2008 BCCA 305, refd to. [para. 18].

Rapton v. Superintendent of Motor Vehicles (B.C.) (2011), 299 B.C.A.C. 278; 508 W.A.C. 278; 2011 BCCA 71, refd to. [para. 18].

Franks v. Benefits Board (B.C.) et al., [1999] B.C.A.C. Uned. 37; 1999 BCCA 165, affd. [1999] B.C.A.C. Uned. 116; 1999 BCCA 407, leave to appeal denied [2000] 1 S.C.R. xi; 253 N.R. 396; 140 B.C.A.C. 320; 229 W.A.C. 320, refd to. [para. 19].

Deutschmann Estate et al. v. Fallis et al. (2011), 311 B.C.A.C. 239; 529 W.A.C. 239; 2011 BCCA 404, refd to. [para. 19].

MacLanders v. MacLanders (2012), 321 B.C.A.C. 290; 547 W.A.C. 290; 2012 BCCA 218, refd to. [para. 19].

Seiler v. Mutual Fire Insurance Co. of British Columbia et al. (2003), 190 B.C.A.C. 299; 311 W.A.C. 299; 2003 BCCA 696, refd to. [para. 20].

Moore v. Moore (2012), 324 B.C.A.C. 79; 551 W.A.C. 79; 2012 BCCA 266, refd to. [para. 21].

Counsel:

H.H. Jacobs, appellant, appeared in person;

T.M. Jacobs, respondent, appeared in person.

These applications were heard in chambers at Vancouver, B.C., on March 12, 2015, by Chiasson, J.A., of the British Columbia Court of Appeal, who delivered the following reasons for judgment on April 23, 2015.

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3 practice notes
  • MacLean v. Mio, 2019 BCSC 375
    • Canada
    • Supreme Court of British Columbia (Canada)
    • March 18, 2019
    ...S.A.R. v. L.G.R., 2011 BCSC 712 at para. 45; Jacobs v. Jacobs, 2015 BCSC 94 at paras. 29-30, application to extend time to appeal refused 2015 BCCA 173. [92] The policy underlying the onerous test for cancelling arrears is that parties who are ordered by the court to pay support should not ......
  • Friedlander v. Claman et al., (2015) 375 B.C.A.C. 260 (CA)
    • Canada
    • British Columbia Court of Appeal (British Columbia)
    • June 23, 2015
    ...Clock Holdings Ltd. v. Braich Estate (2009), 271 B.C.A.C. 267; 458 W.A.C. 267; 2009 BCCA 269, refd to. [para. 16]. Jacobs v. Jacobs (2015), 371 B.C.A.C. 101; 636 W.A.C. 101; 2015 BCCA 173, refd to. [para. A.A. v. S.N.A. (2007), 243 B.C.A.C. 301; 401 W.A.C. 301; 2007 BCCA 363, refd to. [para......
  • Harras v. Lhotka et al., 2015 BCCA 329
    • Canada
    • British Columbia Court of Appeal (British Columbia)
    • July 2, 2015
    ...- Topic 8876 Appeals - Leave to appeal - Grounds for granting leave - See paragraphs 11 to 16. Cases Noticed: Jacobs v. Jacobs (2015), 371 B.C.A.C. 101; 636 W.A.C. 101; 2015 BCCA 173, refd to. [para. Statutes Noticed: Court of Appeal Act, R.S.B.C. 1996, c. 77, sect. 7 [para. 11]. Court of A......
3 cases
  • MacLean v. Mio, 2019 BCSC 375
    • Canada
    • Supreme Court of British Columbia (Canada)
    • March 18, 2019
    ...S.A.R. v. L.G.R., 2011 BCSC 712 at para. 45; Jacobs v. Jacobs, 2015 BCSC 94 at paras. 29-30, application to extend time to appeal refused 2015 BCCA 173. [92] The policy underlying the onerous test for cancelling arrears is that parties who are ordered by the court to pay support should not ......
  • Friedlander v. Claman et al., (2015) 375 B.C.A.C. 260 (CA)
    • Canada
    • British Columbia Court of Appeal (British Columbia)
    • June 23, 2015
    ...Clock Holdings Ltd. v. Braich Estate (2009), 271 B.C.A.C. 267; 458 W.A.C. 267; 2009 BCCA 269, refd to. [para. 16]. Jacobs v. Jacobs (2015), 371 B.C.A.C. 101; 636 W.A.C. 101; 2015 BCCA 173, refd to. [para. A.A. v. S.N.A. (2007), 243 B.C.A.C. 301; 401 W.A.C. 301; 2007 BCCA 363, refd to. [para......
  • Harras v. Lhotka et al., 2015 BCCA 329
    • Canada
    • British Columbia Court of Appeal (British Columbia)
    • July 2, 2015
    ...- Topic 8876 Appeals - Leave to appeal - Grounds for granting leave - See paragraphs 11 to 16. Cases Noticed: Jacobs v. Jacobs (2015), 371 B.C.A.C. 101; 636 W.A.C. 101; 2015 BCCA 173, refd to. [para. Statutes Noticed: Court of Appeal Act, R.S.B.C. 1996, c. 77, sect. 7 [para. 11]. Court of A......

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