Case information
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33698
R.P. v. R.C.
(Quebec) (Civil) (By Leave)
(Publication ban in case) (Publication ban on party)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2012-04-20 | Appeal closed | |
| 2012-04-11 | Certificate of taxation issued to, Brian Crane | |
| 2012-04-10 | Decision on the bill of costs, in the amount of $13,446.77, Reg | |
| 2012-04-04 | Submission of the bill of costs, Reg | |
| 2012-02-27 | Bill of costs, Completed on: 2012-02-27 | R.P. |
| 2011-12-22 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2011-12-22 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2011-12-21 |
Judgment on the appeal rendered, CJ Bi LeB De Abe Ro Cro, The appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-019600-097, 2010 QCCA 478, dated March 12, 2010, heard on April 20, 2011, is allowed with costs throughout. The indexed spousal support in the 1991 Order is to continue, effective retroactively to the date it was varied by the trial court. Allowed, costs in this Court and courts below |
|
| 2011-06-15 | Submission of motion to adduce new evidence, CJ Bi LeB De Abe Ro Cro | |
| 2011-06-14 | Reply to motion to adduce new evidence, Completed on: 2011-06-14 | R.C. |
| 2011-06-10 | Response to the motion to adduce new evidence, (bookform), Completed on: 2011-06-10 | R.P. |
| 2011-06-02 | Motion to adduce new evidence, namely a notice of assessment for the year 1990, Completed on: 2011-06-02 | R.C. |
| 2011-05-25 | Transcript received, (52 pages) | |
| 2011-05-25 | Correspondence received from, Mr. Teitelbaum re: 1990 Notice of assessment of the appellant (original filed May 25/11) (sent by fax to the respondent) | R.C. |
| 2011-05-24 | Correspondence received from, Julius Grey re: Object to the filing of new documents - rec'd by fax with c.c. to the appellant | R.P. |
| 2011-04-20 | General proceeding, Questionnaire following the hearing on the publication ban | R.C. |
| 2011-04-20 | General proceeding, Questionnaire following the hearing on publication ban | R.P. |
| 2011-04-20 | Judgment reserved OR rendered with reasons to follow | |
| 2011-04-20 | Appellant's condensed book, Submitted in Court (12 copies) | R.P. |
| 2011-04-20 | Acknowledgement and consent for video taping of proceedings, From both parties | |
| 2011-04-20 |
Hearing of the appeal, 2011-04-20, CJ Bi LeB De Abe Ro Cro Judgment reserved |
|
| 2011-04-14 | Supplemental document, Book of authorities, Completed on: 2011-04-14 | R.P. |
| 2011-04-04 | Notice of appearance, Robert Teitelbaum will be present at the hearing. | R.C. |
| 2011-03-31 | Appeal perfected for hearing | |
| 2011-03-25 | General proceeding, Gowling Lafleur Henderson, LLP will be acting as agent to both parties | R.P. |
| 2011-03-23 | Respondent's book of authorities, Completed on: 2011-03-23 | R.C. |
| 2011-03-23 | Respondent's factum, Completed on: 2011-03-23 | R.C. |
| 2011-03-16 | Notice of appearance, Julius Grey will be present at the hearing. | R.P. |
| 2011-03-15 | Notice of hearing sent to parties | |
| 2011-03-09 |
Appeal hearing scheduled, 2011-04-20, (start time 9:30am) Judgment reserved |
|
| 2011-01-28 | Appellant's book of authorities, (2 volumes), Completed on: 2011-01-28 | R.P. |
| 2011-01-28 | Appellant's record, (4 volumes), Completed on: 2011-01-28 | R.P. |
| 2011-01-28 | Appellant's factum, Redacted version requested - Rec'd on february 2, 2011 (2 copies), Completed on: 2011-02-03 | R.P. |
| 2010-10-27 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2010-10-26 | Notice of appeal, Completed on: 2010-10-26 | R.P. |
| 2010-10-22 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2010-10-22 | Judgment on leave sent to the parties | |
| 2010-10-21 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-019600-097, 2010 QCCA 478, dated March 12, 2010, is granted with costs in the cause. Granted, with costs in the cause |
|
| 2010-06-21 | All materials on application for leave submitted to the Judges, LeB De Cha | |
| 2010-06-09 | Applicant's reply to respondent's argument, Completed on: 2010-06-10 | R.P. |
| 2010-06-01 | Respondent's response on the application for leave to appeal, Completed on: 2010-06-01 | R.C. |
| 2010-05-10 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2010-05-07 | Application for leave to appeal, Missing service (rec'd May 13-10) Amended Form 25B requested (rec'd June 1-10), Completed on: 2010-06-02 | R.P. |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| R.P. | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| R.C. | Respondent | Active |
Counsel
Party: R.P.
Counsel
1155 René-Lévesque Ouest
Suite 1715
Montréal, Quebec
H3B 2K8
Telephone: (514) 288-6180 Ext: 229
FAX: (514) 288-8908
Email: jhgrey@greycasgrain.net
Agent
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
Party: R.C.
Counsel
Westmount, Quebec
H3Z 2P9
Telephone: (514) 931-1788
FAX: (514) 931-3061
Email: rt@quebecfamilylaw.com
Agent
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
(PUBLICATION BAN ON PARTIES)
Family law - Support - Spousal support - Variation sought after material change in circumstances of debtor of support - Whether it open to Court of Appeal to rescind support order in circumstances - Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), s. 17.
The parties, who married in 1958, had two children born in 1963 and 1966, and divorced in 1984. In 1985, the respondent remarried and had a child with his new spouse. In 1988, he applied to have the order requiring him to pay support to the appellant rescinded, but on appeal, the Court of Appeal granted the appellant $2,000 a month in support, noting that the appellant [translation] “had never gained financial independence, not for lack of trying, but because her role as wife and mother had kept her off the labour market for many years and she had, as a result, been unable to keep up with changes in that market”.
In 1991, the parties, represented by counsel, signed an agreement given legal effect by judgment under which the respondent waived his right to have the support amount varied on the basis of a change in the appellant’s circumstances. The respondent retired in 2006. In October 2008, he applied to have the support order rescinded — the support amount was then $2,911.00 a month — on the basis of a material change in his circumstances. He noted that since his retirement, he was no longer drawing earnings from his employment, and he alleged that the market collapse had had a negative impact on his assets and on the return from them. The respondent was 71 years old at the time, while his spouse was 56 and the appellant was 80.
The trial judge concluded that the respondent’s retirement, combined with the market collapse, constituted a material change in the respondent’s circumstances. In her view, the respondent had the financial capacity to pay an unindexed support amount of $1,500 a month. The Court of Appeal reversed that decision. It held that the trial judge had erred in law in considering only the respondent’s financial circumstances. In its view, the circumstances as a whole, particularly the parties’ ages and their respective assets, warranted rescinding the support order as of September 30, 2010.
Lower court rulings
Superior Court of Quebec
2009 QCCS 1304, 500-12-093694-804
Requête en modification de pension alimentaire accueillie en partie
Court of Appeal of Quebec (Montréal)
2010 QCCA 478, 500-09-019600-097
Requête de la demanderesse pour preuve nouvelle rejetée; Appel de la demanderesse rejeté; Appel incident de l’intimé accueilli en partie
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
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Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
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