Tybring v. Tybring, [2003] Northwest Terr. Cases 67 (SC)

JudgeVertes, J.
CourtSupreme Court of Northwest Territories (Canada)
Case DateOctober 21, 2003
JurisdictionNorthwest Territories
Citations[2003] Northwest Terr. Cases 67 (SC);2003 NWTSC 67

Tybring v. Tybring, [2003] Northwest Terr. Cases 67 (SC)

MLB headnote and full text

Temp. Cite: [2003] Northwest Terr. Cases TBEd. DE.034

Beverley Tybring (petitioner) v. Kim Tybring (respondent)

(S-1-DV-6101 02763; 2003 NWTSC 67)

Indexed As: Tybring v. Tybring

Northwest Territories Supreme Court

Vertes, J.

November 24, 2003.

Summary:

This headnote contains no summary.

Family Law - Topic 4045.5

Divorce - Corollary relief - Maintenance - Support guidelines (incl. nondivorce cases) - Calculation or attribution of income - See paragraphs 6 to 12.

Family Law - Topic 4050

Divorce - Corollary relief - Maintenance - Enforcement - Payment or cancellation of arrears of maintenance (incl. interest) - See paragraphs 13 to 21.

Authors and Works Noticed:

Payne, J.D., Child Support in Canada (3rd Ed. 2001), Part 13-19 [para. 18].

Counsel:

Michelle Staszuk, for the plaintiff;

The respondent, Kim Tybring represented himself.

This action was heard at Hay River, Northwest Territories, on October 21, 2003, before Vertes, J., of the Northwest Territories Supreme Court, who delivered the following judgment on November 24, 2003.

Please note: The following judgment has not been edited.

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6 practice notes
  • Table of cases
    • Canada
    • Irwin Books Archive Child Support Guidelines in Canada, 2020
    • June 23, 2019
    ...PEIJ No 9, 186 Nld & PEIR 99 (SC)......................... 127, 143, 297, 315, 316, 332, 542, 543 Tybring v Tybring, [2003] NWTJ No 81, 2003 NWTSC 67 ................................................................................ 184 Tynan v Moses, [2002] BCJ No 197, 25 RFL (5th) 445 (SC) ......
  • Table of Cases
    • Canada
    • Irwin Books Child Support Guidelines in Canada, 2022
    • July 27, 2022
    ...No 9, 186 Nfld & PEIR 99 (SC).........................................132, 149, 332, 350, 568, 571 Tybring v Tybring, [2003] NWTJ No 81, 2003 NWTSC 67..................................................................................195 Tynan v Moses, [2002] BCJ No 197, 25 RFL (5th) 445 (SC)......
  • Vornbrock v. Jaeb, 2008 NWTSC 95
    • Canada
    • Supreme Court of Northwest Territories (Canada)
    • November 25, 2008
    ...the Manitoba Court of Appeal. [21] The reasonableness test has been used in at least one case in this jurisdiction, Tybring v. Tybring , 2003 NWTSC 67, where the test was described as follows, at paragraphs 9 and 10: The concept of "intentional under-employment" is meant to encompass those ......
  • Rasmussen v. Rasmussen, [2009] Northwest Terr. Cases Uned. 46 (SC)
    • Canada
    • Northwest Territories Supreme Court of Northwest Territories (Canada)
    • July 15, 2009
    ...does earn, but what a parent can earn having regard to age, education, experience, skills, health and other factors: Tybring v. Tybring , 2003 NWTSC 67; Vornbrock v. Jaeb , 2008 NWTSC 95. [18] The onus is on Mr. Rasmussen to persuade the Court that there has been a change of circumstances w......
  • Request a trial to view additional results
4 cases
  • Vornbrock v. Jaeb, 2008 NWTSC 95
    • Canada
    • Northwest Territories Supreme Court of Northwest Territories (Canada)
    • November 25, 2008
    ...the Manitoba Court of Appeal. [21] The reasonableness test has been used in at least one case in this jurisdiction, Tybring v. Tybring , 2003 NWTSC 67, where the test was described as follows, at paragraphs 9 and 10: The concept of "intentional under-employment" is meant to encomp......
  • Rasmussen v. Rasmussen, [2009] Northwest Terr. Cases Uned. 46 (SC)
    • Canada
    • Northwest Territories Supreme Court of Northwest Territories (Canada)
    • July 15, 2009
    ...does earn, but what a parent can earn having regard to age, education, experience, skills, health and other factors: Tybring v. Tybring , 2003 NWTSC 67; Vornbrock v. Jaeb , 2008 NWTSC 95. [18] The onus is on Mr. Rasmussen to persuade the Court that there has been a change of circumstances w......
  • Zoe v. Fish, [2013] Northwest Terr. Cases Uned. 51
    • Canada
    • Northwest Territories Supreme Court of Northwest Territories (Canada)
    • July 26, 2013
    ...of his obligations to support his child. That point has been made in other cases from this jurisdiction. Tybring v. Tybring , 2003 NWTSC 67, at paras 9-10; Vornbrock v. Jaeb , 2008 NWTSC 95, at paras 19-22. 2. Retroactivity [32] The father has framed this as an application for retroactive v......
  • Harrison v. Omilgoituk, [2011] Northwest Terr. Cases Uned. 9 (TC)
    • Canada
    • Northwest Territories Territorial Court of Northwest Territories (Canada)
    • March 23, 2011
    ...to support his children; the Respondent is intentionally unemployed or under-employed. As Vertes, J. said in Tybring v. Tybring , 2003 NWTSC 67: 9 The concept of "intentional under-employment" is meant to encompass those situations where a parent chooses to earn less than he or sh......
1 books & journal articles
  • Table of cases
    • Canada
    • Irwin Books Archive Child Support Guidelines in Canada, 2020
    • June 23, 2019
    ...PEIJ No 9, 186 Nld & PEIR 99 (SC)......................... 127, 143, 297, 315, 316, 332, 542, 543 Tybring v Tybring, [2003] NWTJ No 81, 2003 NWTSC 67 ................................................................................ 184 Tynan v Moses, [2002] BCJ No 197, 25 RFL (5th) 445 (SC) ......

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