Savoie v. MacNeill, (2015) 433 N.B.R.(2d) 359 (CA)

JudgeBell, Quigg and Baird, JJ.A.
CourtCourt of Appeal (New Brunswick)
Case DateJanuary 30, 2015
JurisdictionNew Brunswick
Citations(2015), 433 N.B.R.(2d) 359 (CA);2015 NBCA 11

Savoie v. MacNeill (2015), 433 N.B.R.(2d) 359 (CA);

    433 R.N.-B.(2e) 359; 1130 A.P.R. 359

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Sommaire et texte intégral

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Temp. Cite: [2015] N.B.R.(2d) TBEd. MR.007

Renvoi temp.: [2015] N.B.R.(2d) TBEd. MR.007

Carl James Savoie (appellant) v. Shauna Melanie MacNeill (respondent)

(63-14-CA; 2015 NBCA 11)

Indexed As: Savoie v. MacNeill

Répertorié: Savoie v. MacNeill

New Brunswick Court of Appeal

Bell, Quigg and Baird, JJ.A.

February 26, 2015.

Summary:

Résumé:

The father moved for variation of a child support order made on July 25, 2003. He requested the support order be terminated, or, in the alternative, that the support payment be made directly to the child. In her responding document, the mother sought an increase in the child support payment and requested the increase be applied retroactively. The motion judge ordered that the support be increased by $117 per month, retroactive to June 1, 2011, and that, effective June 1, 2014, the support payment be made directly to the child of the marriage. The motion judge ordered costs of $750 payable by the father. The father appealed from the retroactive increase in child support and the award of costs.

The New Brunswick Court of Appeal dismissed the appeal.

Family Law - Topic 4019

Divorce - Corollary relief - Maintenance awards - Appeals - The father moved for variation of a child support order made on July 25, 2003 - He requested the support order be terminated, or, in the alternative, that the support payment be made directly to the child - In her responding document, the mother sought an increase in the child support payment and requested the increase be applied retroactively - The motion judge ordered that the support be increased by $117 per month, retroactive to June 1, 2011, and that, effective June 1, 2014, the support payment be made directly to the child of the marriage - The motion judge ordered costs of $750 payable by the father - The father appealed from the retroactive increase in child support and the award of costs - The New Brunswick Court of Appeal dismissed the appeal - "Appeal courts should not interfere with support orders unless the reasons disclose an error in principle, a significant misapprehension of the evidence, or unless the award is clearly wrong. ... We are satisfied the motion judge did not err in principle and fully understood the evidence. The award is not 'clearly wrong'. Like the order with respect to retroactivity, the motion judge's order with respect to costs is also discretionary and attracts a high degree of deference: this Court will not interfere with the motion judge's award of costs unless the exercise of discretion was 'manifestly wrong'. ... Costs are normally awarded to the successful party. ... In the present case, the [father] failed in his attempt to have the support order terminated. Furthermore, the [mother] was successful in her attempt to increase child support and to have it paid retroactively. We see no basis to interfere with the costs award."

Family Law - Topic 4188

Divorce - Practice - Costs - Appeals from costs order - [See Family Law - Topic 4019 ].

Droit de la famille - Cote 4019

Divorce - Mesures accessoires - Ordonnances alimentaires - Appels - [Voir Family Law - Topic 4019 ].

Droit de la famille - Cote 4188

Divorce - Procédure - Dépens - Appels d'une ordonnance relative aux dépens - [Voir Family Law - Topic 4188 ].

Cases Noticed:

D.B.S. v. S.R.G. (2006), 351 N.R. 201; 391 A.R. 297; 377 W.A.C. 297; 2006 SCC 37, refd to. [para. 3].

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. 3].

D.E. v. L.E. (2014), 426 N.B.R.(2d) 284; 1110 A.P.R. 284; 2014 NBCA 67, refd to. [para. 3].

Flieger v. Adams (2012), 387 N.B.R.(2d) 322; 1001 A.P.R. 322; 2012 NBCA 39, refd to. [para. 3].

Smith v. Smith (2011), 375 N.B.R.(2d) 208; 969 A.P.R. 208; 2011 NBCA 66, refd to. [para. 3].

Counsel:

Avocats:

Donald F. Cullinan, for the appellant;

Jacqueline Boucher, for the respondents.

This appeal was heard on January 30, 2015, by Bell, Quigg and Baird, JJ.A., of the New Brunswick Court of Appeal. The following judgment of the Court of Appeal was delivered in both official languages, on February 26, 2015.

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1 practice notes
  • L.P.S. v. M.S.F., 2015 NBCA 23
    • Canada
    • New Brunswick Court of Appeal (New Brunswick)
    • 10 Febrero 2015
    ...to. [para. 13]. Brooks v. Brooks (2014), 419 N.B.R.(2d) 326; 1090 A.P.R. 326; 2014 NBCA 29, refd to. [para. 13]. Savoie v. MacNeill (2015), 433 N.B.R.(2d) 359; 1130 A.P.R. 359; 2015 NBCA 11, refd to. [para. McGregor v. McGregor (1994), 148 N.B.R.(2d) 176; 378 A.P.R. 176 (C.A.), refd to. [pa......
1 cases
  • L.P.S. v. M.S.F., 2015 NBCA 23
    • Canada
    • New Brunswick Court of Appeal (New Brunswick)
    • 10 Febrero 2015
    ...to. [para. 13]. Brooks v. Brooks (2014), 419 N.B.R.(2d) 326; 1090 A.P.R. 326; 2014 NBCA 29, refd to. [para. 13]. Savoie v. MacNeill (2015), 433 N.B.R.(2d) 359; 1130 A.P.R. 359; 2015 NBCA 11, refd to. [para. McGregor v. McGregor (1994), 148 N.B.R.(2d) 176; 378 A.P.R. 176 (C.A.), refd to. [pa......

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