SUPREME COURT OF NOVA SCOTIA
(FAMILY DIVISION)
Citation: Bisbee v. Bisbee 2011 NSSC 470
Date: 20111228
Docket: 1201-060118
Registry: Halifax
Between:
Ronald Stanton Bisbee
Applicant
v.
Brenda Darlene Bisbee
Respondent
LIBRARY HEADING
Judge: The Honourable Justice Moira C. Legere Sers
Heard: July 29, 2011 and December 1, 2011 in Halifax, Nova Scotia
Subject: Confirmation Hearing
Issue: Whether to confirm or vary provisional retroactive variation and termination of child support due to serious illness of payor.
Summary: Retroactive variation application by payor commenced in November 2009. Matter appeared four times before the Ontario court to obtain a provisional order retroactively varying the child support to January 2007 forward and terminating future support due to payor's serious illness.
Confirming court referred the matter back for more evidence. Payor 's death occurred before Confirmation Hearing completed.
Result: The provisional order modified. Retroactive reduction disallowed. Arrears set at nil. A retroactive analysis of child support must consider the factors set out in DBS v SRG; TAR v. LJW; Henry v. Henry; Hiemstra v. Hiemstra 2006 SCC37. This includes hardship to the custodial parent if a retroactive award resulted in overpayment. In this situation, there were numerous uncertainties and breaches of original order. The payor had made no provision for the child's future. It would be unjust to retroactively vary the order such that an overpayment might result in hardship to payee.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.