Court of Appeal

                                NOVA SCOTIA COURT OF APPEAL

Citation:  L.K.S. v. D.M.C.T., 2008 NSCA  61

Date:  20080703

Docket:  CA 288398

Registry: Halifax

Between:

L. K. S.

Appellant

 (Respondent by Cross Appeal)

v.

D.M.C.T.

Respondent

(Appellant by Cross Appeal)

Judge:                   The Honourable Justice Roscoe

Appeal Heard:      June 12, 2008, in Halifax, Nova Scotia 

Subject:     Family law, child support, s.7 expenses, retroactive award, costs, new evidence

Summary: A judge of the Family Court found that the father’s income was $1.1 million per year and fixed the table amount of child support at $8,125.35 per month.  He found that private school tuition was a s. 7 expense and ordered the father to pay half of it each year.  He made the award retroactive to August 1, 2005 being the date the mother first requested a review of the previous arrangement regarding child support.  He ordered the father to pay the mother’s costs in the amount of $109,054.06.  The father appealed from the costs order and the mother cross appealed all aspects of the order.  The mother sought to have the father’s 2007 income tax return and his company’s financial statements admitted as new evidence on the appeal.

Issues:      Was the new evidence admissible on the appeal?

Did the trial judge err:

1.       in determining the table amount of monthly child support;

2.       in determining the s. 7 expenses;

3.       in fixing the effective date of the increase in child support;

4.       in awarding costs in the amount of $109,054.06?

Result:       Appeal and cross-appeal dismissed. There was no basis upon which to interfere with the trial judge’s orders respecting child support and costs.  The new evidence was not admitted on the appeal.