Keighley v. Keighley, (1998) 116 B.C.A.C. 145 (CA)

• Judge: Esson, Donald and Mackenzie, JJ.A.
• Court: Court of Appeal (British Columbia)
• Case Date: November 19, 1998
• Jurisdiction: British Columbia
• Citations: (1998), 116 B.C.A.C. 145 (CA)

Keighley v. Keighley (1998), 116 B.C.A.C. 145 (CA);

   190 W.A.C. 145

MLB headnote and full text

Temp. Cite: [1999] B.C.A.C. TBEd. JA.040

Tacey Keighley (petitioner/appellant) v. Peter Jonathan Keighley (respondent/respondent)

(CA024182)

Indexed As: Keighley v. Keighley

British Columbia Court of Appeal

Esson, Donald and Mackenzie, JJ.A.

November 19, 1998.

Summary:

A divorced mother applied for an increase in child maintenance, retroactive for approx­imately 10 months. A Chambers judge dis­missed the application. See [1997] B.C.T.C. Uned. J10. The mother appealed.

The British Columbia Court of Appeal dismissed the appeal.

Family Law - Topic 4001.1

Divorce - Corollary relief - Maintenance awards - Retroactive awards - In 1996 a divorced mother requested increased child maintenance from the father - He was paying support for their two children under a 1985 consent order - In 1995 he had voluntarily increased the amount - The father suggested no increase, but rather a change in allocation of the present amount between the two children - He also pro­posed to cease to deduct child maintenance from his income tax, thus improving the mother's tax position - The mother did not respond for a year, then asked the court for a retroactive increase - The British Co­lumbia Court of Appeal affirmed that no retroactive maintenance should be ordered because the mother acquiesced in the father's proposal over the period covered by the request.

Cases Noticed:

Willick v. Willick, [1994] 3 S.C.R. 670; 173 N.R. 321; 125 Sask.R. 81; 81 W.A.C. 81; 119 D.L.R.(4th) 405; 6 R.F.L.(4th) 161, refd to. [para. 2].

Yiannitsopoulos v. Patseas (1997), 92 B.C.A.C. 98; 150 W.A.C. 98; 1997 CanRepBC 996 (C.A.), refd to. [para. 11].

Counsel:

P.G. Kent-Snowsell, for the appellant;

S.K. Jesperson, for the respondent.

This appeal was heard before Esson, Donald and Mackenzie, JJ.A., of the British Columbia Court of Appeal, at Vancouver, British Columbia, on November 19, 1998, when the decision of the court was delivered orally by Donald, J.A.