Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
38498
Danelle Michel v. Sean Graydon
(British Columbia) (Civil) (By Leave)
(Certain information not available to the public)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2020-09-21 | Appeal closed | |
| 2020-09-18 |
Written reasons rendered after oral judgment, CJ Abe Mo Ka Côt Br Row Mar Kas Allowed, with costs |
|
| 2020-06-17 | Correspondence (sent by the Court) to, the parties. Letter with respect to sensitive information revealed at the hearing of the appeal. | |
| 2019-11-25 | Transcript received, 101 pages | |
| 2019-11-15 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2019-11-15 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2019-11-14 | Judgment reserved OR rendered with reasons to follow | |
| 2019-11-14 |
Judgment on the appeal rendered, CJ Abe Mo Ka Côt Br Row Mar Kas, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA44543, 2018 BCCA 449, dated November 30, 2018, was heard on November 14, 2019, and the Court on that day delivered the following judgment orally: THE CHIEF JUSTICE — We are unanimous to reinstate the order of Judge G. Smith of the Provincial Court of British Columbia dated September 26, 2016. Therefore, the appeal is allowed with costs throughout. Reasons to follow. Allowed, with costs |
|
| 2019-11-14 |
Hearing of the appeal, 2019-11-14, CJ Abe Mo Ka Côt Br Row Mar Kas Judgment rendered |
|
| 2019-11-14 | General proceeding, (Letter Form), Questionnaire Case Sensitivity | Sean Graydon |
| 2019-11-14 | General proceeding, (Letter Form), Questionnaire Case Sensitivity | Danelle Michel |
| 2019-11-14 | Intervener's condensed book, (Book Form) | West Coast Legal Education and Action Fund Association |
| 2019-11-14 | Respondent's condensed book, (Book Form) | Sean Graydon |
| 2019-11-14 | Appellant's condensed book, (Book Form) | Danelle Michel |
| 2019-11-07 | Notice of appearance, (Letter Form), Peter M. Mennie and Michael Sobkin will appear before the court. Mr. Mennie will present oral arguments. | Danelle Michel |
| 2019-11-04 | Certificate (on limitations to public access), (Letter Form), 23B | Danelle Michel |
| 2019-11-04 |
Reply factum on appeal, (Book Form), -Proof of service missing (received November 5, 2019), Completed on: 2019-11-05 |
Danelle Michel |
| 2019-10-31 | Intervener's book of authorities, (Book Form), Completed on: 2019-10-31 | West Coast Legal Education and Action Fund Association |
| 2019-10-31 | Intervener's factum, (Book Form), Completed on: 2019-10-31 | West Coast Legal Education and Action Fund Association |
| 2019-10-23 | Notice of appearance, (Letter Form), Ryan Dueckman, Karen Tiwana and Shawn Duguay will appear before the court. Mr. Ryan Dueckman will present oral arguments. | Sean Graydon |
| 2019-10-22 | Notice of appearance, (Letter Form), Dustin Klaudt, Joshua Sealy-Harrington and Jennifer Klinck will appear before the court. Mrs. Jennifer Klinck will present oral arguments. | West Coast Legal Education and Action Fund Association |
| 2019-10-22 | Certificate (on limitations to public access), 23B | Sean Graydon |
| 2019-10-22 | Respondent's factum, (Book Form), (RESTRICTED) 2 redacted copies filed, Completed on: 2019-10-22 | Sean Graydon |
| 2019-10-10 | Order on motion for leave to intervene, (by MOLDAVER J.) | |
| 2019-10-10 |
Decision on the motion for leave to intervene, Mo, UPON APPLICATION by the West Coast Legal Education and Action Fund Association for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for leave to intervene is granted and the said intervener shall be entitled to serve and file a single factum not to exceed ten (10) pages in length on or before October 31, 2019. The said intervener is granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal. The intervener is not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the intervener shall pay to the appellant and respondent any additional disbursements resulting from its intervention. Granted |
|
| 2019-10-10 | Submission of motion for leave to intervene, Mo | |
| 2019-10-10 | Order on motion to extend time, (by MOLDAVER J.) | |
| 2019-10-10 |
Decision on motion to extend time, Mo, UPON APPLICATION by the respondent for an order extending the time to serve and file his factum and book of authorities, if any, to October 22, 2019, and for leave to present oral argument pursuant to Rule 71(3) of the Rules of the Supreme Court of Canada; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted. Granted |
|
| 2019-10-10 | Submission of motion to extend time, Mo | |
| 2019-10-07 | Correspondence received from, Isabelle Côté, re: do not object to late service | West Coast Legal Education and Action Fund Association |
| 2019-10-04 | Correspondence received from, Karen Collins by email, re: late service | Sean Graydon |
| 2019-10-01 | Response to motion to extend time, (Letter Form), Proof of service missing, Completed on: 2019-10-09 | Danelle Michel |
| 2019-09-27 | Motion to extend time, (Letter Form), for the respondent's factum, Completed on: 2019-09-27 | Sean Graydon |
| 2019-09-18 | Response to the motion for leave to intervene, (Letter Form), MISSING: proof of service (received October 4, 2019) - extension required, Completed on: 2019-10-09 | Sean Graydon |
| 2019-09-17 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2019-09-17 | Danelle Michel |
| 2019-09-09 | Certificate (on limitations to public access), (Letter Form) | West Coast Legal Education and Action Fund Association |
| 2019-09-09 | Notice of name, (Letter Form) | West Coast Legal Education and Action Fund Association |
| 2019-09-09 | Motion for leave to intervene, (Book Form), Completed on: 2019-10-04 | West Coast Legal Education and Action Fund Association |
| 2019-08-12 | Certificate of counsel (attesting to record), (Letter Form) | Danelle Michel |
| 2019-08-12 | Certificate (on limitations to public access), (Letter Form), 23B | Danelle Michel |
| 2019-08-12 | Appellant's record, (Book Form), RESTRICTION, Completed on: 2019-08-16 | Danelle Michel |
| 2019-08-12 | Appellant's book of authorities, (Book Form), Completed on: 2019-08-16 | Danelle Michel |
| 2019-08-12 | Appellant's factum, (Book Form), Completed on: 2019-08-16 | Danelle Michel |
| 2019-08-08 | Notice of hearing sent to parties | |
| 2019-07-31 |
Appeal hearing scheduled, 2019-11-14 Judgment rendered |
|
| 2019-06-17 | Notice of appeal, (Letter Form), Completed on: 2019-06-17 | Danelle Michel |
| 2019-05-28 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2019-05-17 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2019-05-17 | Judgment on leave sent to the parties | |
| 2019-05-16 |
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 for British Columbia (Vancouver), Number CA44543, 2018 BCCA 449, dated November 30, 2018, is granted with costs in the cause. Granted, with costs in the cause |
|
| 2019-04-15 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2019-03-22 | Certificate (on limitations to public access), (Letter Form), 23B-Reply | Danelle Michel |
| 2019-03-18 | Applicant's reply to respondent's argument, (Letter Form), 23B missing-rec'd 2019/03/22, Completed on: 2019-03-22 | Danelle Michel |
| 2019-03-08 | Certificate (on limitations to public access), (Letter Form), 23B | Sean Graydon |
| 2019-03-08 | Certificate (on limitations to public access), (Letter Form), 23A; Amended certificate rec'd 2019/03/14 | Sean Graydon |
| 2019-03-08 | Respondent's response on the application for leave to appeal, (Book Form), RESTRICTED; Amended covers required-rec'd 2019/03/15; 2 redacted copies required-rec'd 2019/03/19, Completed on: 2019-03-19 | Sean Graydon |
| 2019-03-01 | Certificate (on limitations to public access), (Letter Form), 23B | Danelle Michel |
| 2019-02-25 | Correspondence received from, (Letter Form), Return of the CA Order form; filing date unknown. | Danelle Michel |
| 2019-02-07 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED 2019/02/07 | |
| 2019-01-25 | Certificate (on limitations to public access), (Letter Form), 23A; Amended certificate rec'd 2019/03/01 | Danelle Michel |
| 2019-01-25 | Application for leave to appeal, (Book Form), CA Order missing, Completed on: 2019-04-16 | Danelle Michel |
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 |
|---|---|---|
| Michel, Danelle | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Graydon, Sean | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| West Coast Legal Education and Action Fund Association | Intervener | Active |
Counsel
Party: Michel, Danelle
Counsel
504-1367 West Broadway
Vancouver, British Columbia
V6H 4A7
Telephone: (604) 734-7911
FAX: (604) 734-6366
Email: pmennie@westsidefamilylaw.ca
Agent
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Party: Graydon, Sean
Counsel
Shawn Duguay
Ryan Dueckman
102-20110 Lougheed Highway
Maple Ridge, British Columbia
V2X 2P7
Telephone: (604) 463-8890
FAX: (604) 463-6760
Email: ktiwana@centralawyers.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Party: West Coast Legal Education and Action Fund Association
Counsel
Dustin Klaudt
Joshua Sealy-Harrington
401 West Georgia Street
Suite 1660
Vancouver, British Columbia
V6B 5A1
Telephone: (778) 658-0192
FAX: (778) 658-0192
Email: jklinck@powerlaw.ca
Agent
130 Albert Street
Suite 1103
Ottawa, Ontario
K1P 5G4
Telephone: (613) 702-5573
FAX: (613) 702-5573
Email: mvincelette@powerlaw.ca
Summary
Keywords
Family law - Support - Child support - Retroactive support - Mother of child seeking retroactive variation of child support for child who was adult at time of application - Whether a court has jurisdiction to make a retroactive child support award where the application is made after child has ceased to be child of marriage.
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.
(COURT FILE CONTAINS INFORMATION THAT IS NOT AVAILABLE FOR INSPECTION BY THE PUBLIC)
The applicant and respondent resided with one another as common law spouses from 1990 until 1994. Their daughter, A.G., was born in 1991. When the relationship ended, A.G. lived with Ms. Michel. Child support was originally dealt with by way of a Provincial Court order that was subsequently subject to a consent variation order in March, 2001, whereby Mr. Graydon agreed to pay child support in the amount of $341 per month, based on his Federal Child Support Guidelines, SOR/97-175 income. Mr. Graydon refused Ms. Michel’s request at the time for an annual review of the child support amount and no review was conducted during the period that A.G. was a child. In 2012, Mr. Graydon obtained an order cancelling the child support on the ground that A.G. had reached the age of majority, had completed a certificate program and was working. In 2015, Ms. Michel applied for a retroactive increase of child support back to 2001 pursuant to s. 152 of the Family Law Act, S.B.C. 2011, c. 25. Mr. Graydon contested the jurisdiction of the court to make such an order on the basis that A.G. was not a “child of the marriage”. At the time the application was heard in Provincial Court, A.G. was 24 years of age. The trial judge concluded that Mr. Graydon was obliged to pay $23,000 in retroactive child support. This decision was overturned on appeal. Ms. Michel’s appeal was dismissed.
Lower court rulings
Provincial Court of British Columbia
F3319
Order requiring respondent to pay retroactive child support of $23,000
Supreme Court of British Columbia
E51918, 2017 BCSC 887
Respondent’s appeal allowed; Order of trial judge set aside
Court of Appeal for British Columbia (Vancouver)
2018 BCCA 449, CA44543
Applicant’s appeal dismissed
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.
Downloadable PDFs
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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
Not available