Court of Appeal

Decision Information

Terry v. Francis

Court Court of Appeal
Date 2004-10-06
Citation 2004 NSCA 118
Docket CA 213701
Judge/Registrar/Adjudicator Glube, Constance R. (Honourable Chief Justice) (CA); Freeman, Gerald B. (Honourable Justice) (CA); Cromwell, Thomas A. (Honourable Justice)
Document Type Library Sheet
Relations Decision - Terry v. Francis - 2004 NSCA 118 - 2004-10-06 - Decision

Decision Content

                                NOVA SCOTIA COURT OF APPEAL

                              Citation: Terry v. Francis, 2004 NSCA 118

 

                                                                                                      Date: 20041006

                                                                                               Docket: CA 213701

                                                                                                   Registry:  Halifax

Between:

                                                 Jennifer Ann Terry

                                                                                                               Appellant

                                                             v.

 

                                            Steven Alexander Francis                           Respondent

 

 

Judge:                            The Honourable Justice Thomas Cromwell

 

Appeal Heard:                September 27, 2004

 

Subject:                 Application to vary child maintenance order

 

Summary:        Mr.  Francis, who was in arrears under an order requiring him to pay child maintenance, applied to vary an order which he had applied to vary less than a year before.  He failed to make the required financial disclosure and relied on a medical disability of which he had given no prior notice.  Over the objection of counsel for Ms.  Terry, the judge allowed the application to proceed and reduced the child maintenance obligation to $1.00 per month.  Ms.  Terry appealed.

 

Issue:               Did the judge err in principle in allowing the application to vary to proceed absent full disclosure?

 

Result:             Appeal allowed.  The judge’s decision to allow the application to proceed was procedurally unfair to Ms.  Terry and wrong in principle.  Only in rare circumstances should a party applying to reduce a child support obligation be heard absent that party making full disclosure.            

 

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