Contino v. Leonelli-Contino [76 O.R. (3d) 703]
2005 SCC 63, 80 O.R. (3d) 480
Court of Appeal for Ontario,
McLachlin C.J.C. and Major, Bastarache, Binnie,
LeBel, Deschamps, Abella , Fish and Charron JJ.
November 10, 2005
Family law -- Support -- Child support -- Principles established by Supreme Court of Canada as applicable to exercise of court's discretion to deviate from Guidelines amount where payor's income is over $150,000 also come into play when considering other statutory exceptions in Guidelines -- Presumption in favour of Guidelines amount existing where party invokes exception -- Party seeking deviation must establish on clear and compelling evidence that deviation is in child's best interests -- Court must consider all statutory factors applicable to exception in question without giving pre- eminence to any factor and must deny any application for deviation based merely upon invocation of discretionary provision -- Motions judge erring in allowing application to reduce child support on basis of shared custody provisions of s. 9 of Guidelines without considering all factors set out in s. 9 and in absence of clear and compelling evidence that deviation from Guidelines amount was in child's interest -- Federal Child Support Guidelines, SOR/97-175, s. 9.
NOTE: The catchlines above relate to a decision of the Court of Appeal for Ontario. An appeal of this judgment to the Supreme Court of Canada (McLachlin C.J.C. and Major, Bastarache, Binnie, LeBel, Deschamps, Abella and Charron JJ. (Fish J. dissenting)) was allowed on November 10, 2005 (2005 SCC 63).
D. Smith, Susan E. Milne and Gary Joseph, for appellant. Thomas G. Bastedo and Samantha Chousky, for respondent.