Rogers v. Taylor, 2015 BCCA 244
| Judge | Saunders, Bennett and Garson, JJ.A. |
| Court | Court of Appeal (British Columbia) |
| Case Date | May 27, 2015 |
| Jurisdiction | British Columbia |
| Citations | 2015 BCCA 244;(2015), 378 B.C.A.C. 81 (CA) |
Rogers v. Taylor (2015), 378 B.C.A.C. 81 (CA);
650 W.A.C. 81
MLB headnote and full text
Temp. Cite: [2015] B.C.A.C. TBEd. OC.002
David Anthony Rogers (appellant/claimant) v. Laurena Norma Taylor (respondent/respondent)
(CA42394; 2015 BCCA 244)
Indexed As: Rogers v. Taylor
British Columbia Court of Appeal
Saunders, Bennett and Garson, JJ.A.
May 27, 2015.
Summary:
The parties were divorced. They had joint custody and joint guardianship of their 15 year old son, with primary residence to the wife. The husband applied for a variation of a separation agreement in relation to the child's primary residence. In the course of granting the application, the Chambers judge, in the absence of an application or any request to do so, also ordered that the husband pay spousal support. The husband appealed the order for spousal support.
The British Columbia Court of Appeal allowed the appeal. Neither party was heard on the application, nor was there any evidence upon which to base the order. As a result, an unfairness occurred with respect to the husband. The court ordered each party to bear their own costs of the appeal, except that the wife should contribute $1,000 to the husband towards the costs and disbursements associated with the appeal. The appeal was necessary to set aside the order clearly made in error. The wife could have conceded the appeal earlier, thereby avoiding some of the costs incurred.
Courts - Topic 560
Judges - Powers - Authority to act ex mero motu (on own motion) - See paragraphs 1 to 17.
Family Law - Topic 4182
Divorce - Practice - Costs - Lump sum - See paragraph 14.
Cases Noticed:
Naderi v. Naderi (2012), 315 B.C.A.C. 126; 535 W.A.C. 126; 2012 BCCA 16, refd to. [para. 12].
D.W.H. v. D.J.R. et al. (2013), 556 A.R. 81; 584 W.A.C. 81; 2013 ABCA 240, refd to. [para. 12].
Counsel:
F.K. Robin, for the appellant;
Respondent appearing in person.
This appeal was heard at Vancouver, B.C., by Saunders, Bennett and Garson, JJ.A., of the British Columbia Court of Appeal, on May 27, 2015. On the same date, Bennett, J.A., delivered the following oral reasons for judgment for the court.
To continue reading
Request your trial
-
S.R. v. A.B.,
...In response to the Memorandum, counsel for the respondent referred the Court to Sutherland v. Reeves, 2014 BCCA 222 and Rogers v. Taylor, 2015 BCCA 244. [47] It was the mother’s submission that the 2017 Order, when considered in its proper context, did not expire on February 28, 2018. She r......
-
Serban v. Serban, 2018 BCCA 166
...which, in this case, is contrary to the rules of natural justice: Naderi v. Naderi, 2012 BCCA 16 at paras. 21-22; Rogers v. Taylor, 2015 BCCA 244 at para. 12, Moore v. Stewart, 2017 ONCA 182 at para. [36] Ion and Gheorghe submitted that this Court should make an order dismissing the notice ......
-
S.M.R.C. v. S.H.C., (2016) 389 B.C.A.C. 125 (CA)
...not been expressly raised in the notice of motion filed by an applicant. However, as Madam Justice Bennett observed in Rogers v. Taylor , 2015 BCCA 244 at para. 12, 378 B.C.A.C. 81, it may not be wrong for a judge to do so in certain circumstances. Those circumstances exist in the case at b......
-
Serban v. Serban, 2018 BCCA 166
...which, in this case, is contrary to the rules of natural justice: Naderi v. Naderi, 2012 BCCA 16 at paras. 21-22; Rogers v. Taylor, 2015 BCCA 244 at para. 12, Moore v. Stewart, 2017 ONCA 182 at para. [36] Ion and Gheorghe submitted that this Court should make an order dismissing the notice ......
-
S.R. v. A.B.,
...In response to the Memorandum, counsel for the respondent referred the Court to Sutherland v. Reeves, 2014 BCCA 222 and Rogers v. Taylor, 2015 BCCA 244. [47] It was the mother’s submission that the 2017 Order, when considered in its proper context, did not expire on February 28, 2018. She r......
-
S.M.R.C. v. S.H.C., (2016) 389 B.C.A.C. 125 (CA)
...not been expressly raised in the notice of motion filed by an applicant. However, as Madam Justice Bennett observed in Rogers v. Taylor , 2015 BCCA 244 at para. 12, 378 B.C.A.C. 81, it may not be wrong for a judge to do so in certain circumstances. Those circumstances exist in the case at b......