L.J.H. v. J.A.Z.

• Jurisdiction: British Columbia
• Judge: Groberman, Garson and Harris, JJ.A.
• Date: 03 June 2015
• Citation: 2015 BCCA 376,(2015), 376 B.C.A.C. 275 (CA)
• Court: Court of Appeal (British Columbia)

L.J.H. v. J.A.Z. (2015), 376 B.C.A.C. 275 (CA);

    646 W.A.C. 275

MLB headnote and full text

Temp. Cite: [2015] B.C.A.C. TBEd. SE.004

L.J.H. (respondent/plaintiff) v. J.A.Z. (appellant/defendant)

(CA42097; 2015 BCCA 376)

Indexed As: L.J.H. v. J.A.Z.

British Columbia Court of Appeal

Groberman, Garson and Harris, JJ.A.

September 4, 2015.

Summary:

A couple were divorced. The husband applied to cancel or reduce spousal support of $6,000 per month he currently paid to the former wife retroactive to June 23, 2012 (the date the wife remarried). The wife opposed any change in the current order, whether retroactive or prospective. She claimed that the spousal support order was at least partially intended for compensatory purposes and that any change in the existing terms would deprive her of the compensation to which she was entitled.

The British Columbia Supreme Court, in a decision reported [2014] B.C.T.C. Uned. 1384, reduced the amount of support to $3,000 per month "effective June 1, 2014 and not retroactive beyond May 1, 2014". The husband appealed, seeking to have his support obligations terminated, and asked that such termination be made retroactive to June 23, 2012, or to May 17, 2013 (the date the appellant filed his application for variation). The wife accepted the order made by the trial judge but opposed any further change.

The British Columbia Court of Appeal dismissed the husband's appeal.

Editor's Note: Certain names in the following case have been initialized or the case otherwise edited to prevent the disclosure of identities where required by law, publication ban, Maritime Law Book's editorial policy or otherwise.

Family Law - Topic 4017

Divorce - Corollary relief - Maintenance awards - Variation of periodic payments or lump sum award - See paragraphs 23 to 67.

Family Law - Topic 4022.1

Divorce - Corollary relief - Maintenance awards - To spouse - Extent of obligation - See paragraphs 23 to 67.

Cases Noticed:

Bracklow v. Bracklow, [1999] 1 S.C.R. 420; 236 N.R. 79; 120 B.C.A.C. 211; 196 W.A.C. 211, refd to. [para. 11].

Kelly v. Kelly, [2007] B.C.T.C. Uned. 105; 2007 BCSC 227, refd to. [para. 12].

Chutter v. Chutter et al. (2008), 263 B.C.A.C. 109; 443 W.A.C. 109; 2008 BCCA 507, refd to. [para. 14].

Hickey v. Hickey, [1999] 2 S.C.R. 518; 240 N.R. 312; 138 Man.R.(2d) 40; 202 W.A.C. 40, refd to. [para. 23].

Moge v. Moge, [1992] 3 S.C.R. 813; 145 N.R. 1; 81 Man.R.(2d) 161; 30 W.A.C. 161, refd to. [para. 26].

Willick v. Willick, [1994] 3 S.C.R. 670; 173 N.R. 321; 125 Sask.R. 81; 81 W.A.C. 81, refd to. [para. 29].

L.G. v. G.B., [1995] 3 S.C.R. 370; 186 N.R. 201, refd to. [para. 29].

L.M.P. v. L.S., [2011] 3 S.C.R. 775; 424 N.R. 341; 2011 SCC 64, refd to. [para. 30].

Roberts v. Beresford (2006), 222 B.C.A.C. 234; 368 W.A.C. 234; 2006 BCCA 67, refd to. [para. 40].

Morigeau v. Moorey (2015), 370 B.C.A.C. 259; 635 W.A.C. 259; 2015 BCCA 160, consd. [para. 53 et seq.].

Authors and Works Noticed:

Rogerson, Carol and Thompson, Rollie, The Spousal Support Advisory Guidelines: A New and Improved User's Guide to the Final Version (2010), generally [para. 52].

Counsel:

J. Meyers, for the appellant;

K.F. Nordlinger, Q.C., and F. Gropper, Articled Student, for the respondent.

This appeal was heard on June 3, 2015, in Vancouver, B.C., before Groberman, Garson and Harris, JJ.A., of the British Columbia Court of Appeal. The following decision was delivered for the court, by Groberman, J.A., on September 4, 2015.