2 total
Support arrears fixed at $50,000; trial judge erred in reducing arrears based on tax consequences and delay.
The appellant wife appealed a trial judge's order fixing spousal and child support arrears at $15,000 instead of the $50,000 claimed.
The trial judge had reduced the arrears on the basis that the wife did not pay tax on the support payments and would receive a windfall, and that she had delayed in enforcing the arrears.
The Court of Appeal allowed the appeal, finding that the trial judge erred in her tax analysis, as the lump sum payment of arrears would still be taxable in the wife's hands.
The Court also found that the wife's delay in enforcement did not amount to acquiescence.
The arrears were fixed at $50,000.
Child made Crown ward without access; status review requires assessing continued need for protection and best interests.
The appellant mother appealed an order making her child a Crown ward without access for the purposes of adoption.
The child had been in the care of the respondent society for several years and had bonded with her foster family.
The Supreme Court of Canada admitted fresh evidence regarding the child's current situation and wishes.
The Court held that on a status review hearing under the Child and Family Services Act, the court must consider both whether the child continues to be in need of protection and the best interests of the child.
Finding that the child's psychological bonding with the foster family and her need for continuity of care outweighed the mother's interests, the Court dismissed the appeal and upheld the Crown wardship order without access.
