Court of Appeal

Decision Information

Decision Content

                                NOVA SCOTIA COURT OF APPEAL

                            Citation:  MacLean v. Walsh, 2003 NSCA127

 

                                                                                                    Date:  20031128

                                                                                              Docket:  CA 195114

                                                                                                   Registry:  Halifax

Between:

                                        Latisha Ann MacLean (Walsh)

                                                                                                               Appellant

                                                             v.

 

                                                James Robert Walsh

 

                                                                                                            Respondent

 

Judge:                            Hamilton, J.A.

 

Appeal Heard:                November 26, 2003                  

 

Subject:       Matrimonial law, retroactive child support

 

Summary:   The trial judge did not award retroactive child support for the eleven months sought by the appellant. The appellant appealed arguing that the trial judge erred by not following Rafuse v. Conrad (2002), 205 N.S.R. (2d) 46.

 

Issue: Did the trial judge err in not awarding retroactive child support?

 

Result:        Appeal dismissed. Considering the applicable standard of review and considering the facts of this case in light of the policies and factors relevant to retroactive child support set out in Rafuse v. Conrad, the trial judge did not err in exercising his discretion to refuse to award retroactive child support.

 

 

 

 

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