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.
30548
Gary Leskun v. Sherry Jean Leskun
(British Columbia) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2006-06-26 | Appeal closed | |
| 2006-06-22 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2006-06-22 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2006-06-21 |
Judgment on the appeal rendered, CJ Ba Bi LeB De F Cha, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA031247, 2004 BCCA 422, dated August 3, 2004, heard on February 15, 2006 is dismissed without costs, save and except that the respondent is entitled to be reimbursed for her actual out-of-pocket expenses incurred to respond to the appeal in this Court. Dismissed, without costs |
|
| 2006-05-04 | Correspondence received from, Shelley Bitansky for Lorne N. MacLean, re: lock-up | Gary Leskun |
| 2006-05-02 | Correspondence received from, Ms. Lekun, re: lock-up | Sherry Jean Leskun |
| 2006-04-18 | Correspondence (sent by the Court) to, to all parties, re: lock-up | |
| 2006-03-08 | Transcript received, (70 pages) | |
| 2006-02-15 | Judgment reserved OR rendered with reasons to follow | |
| 2006-02-15 | Acknowledgement and consent for video taping of proceedings | |
| 2006-02-15 |
Hearing of the appeal, 2006-02-15, CJ Ba Bi LeB De F Cha Judgment reserved |
|
| 2006-02-06 | Correspondence received from, Sherry Jean Leskun dated Jan. 26/06 re: Acknowledgement and Consent | Sherry Jean Leskun |
| 2006-01-31 | Correspondence (sent by the Court) to, Ms. Sherry Jean Leskun re: address of the video conference. | |
| 2006-01-10 | Notice of appearance, REVISED - Lorne N. MacLean, Alison M. Ouellet, Shawna L. Specht and Shelagh M. Kinney will be appearing. | Gary Leskun |
| 2005-12-09 | Notice of hearing sent to parties | |
| 2005-12-08 |
Appeal hearing scheduled, 2006-02-15, Previously Nov. 18/05 Judgment reserved |
|
| 2005-09-21 | Correspondence received from, Henry S. Brown, Q.C.dated Sept. 20/05 re: error in appellant's factum (sent to the Court Sept. 22/05) | Gary Leskun |
| 2005-09-14 | Notice of appearance, Lorne N. MacLean, Carolyn R. Christiansen, Alison M. Ouellet, Shawna L. Specht will be present at the hearing. | Gary Leskun |
| 2005-08-15 | Notice of hearing sent to parties | |
| 2005-07-21 | Book of authorities, (Amicus Curiae), Completed on: 2005-07-21 | Colin A. Millar |
| 2005-07-21 | Other factum, (Amicus Curiae) CD Received July 27, 2005 | Colin A. Millar |
| 2005-06-16 | Order on motion to extend time | |
| 2005-06-16 |
Decision on motion to extend time, to serve the appellant's factum and book of authorities to Apr. 29/05, Reg Granted |
|
| 2005-06-15 | Submission of motion to extend time, Reg | |
| 2005-06-02 | Appeal perfected for hearing | |
| 2005-06-01 | Respondent's record, Completed on: 2005-06-01 | Sherry Jean Leskun |
| 2005-06-01 | Respondent's factum, Completed on: 2005-06-01 | Sherry Jean Leskun |
| 2005-05-27 | Motion to extend time, to serve the appellant's factum and authorities to April 29/05, Completed on: 2005-06-16 | Gary Leskun |
| 2005-05-18 | Correspondence (sent by the Court) to, Mrs. Leskun re: Registrar grants leave to file documents without an agent | |
| 2005-05-17 | Correspondence received from, Ms. Leskun dated May 13/05 re: request to waive the use of an agent | Sherry Jean Leskun |
| 2005-05-16 | Correspondence (sent by the Court) to, Mr. Millar re: amicus curiae (factum and authorities must be served and filed by July 22, 2005) | |
| 2005-05-12 | Correspondence received from, (by fax) Colin A. Millar; re: willing to undertake the role of Amicus curiae | Colin A. Millar |
| 2005-04-25 | Appellant's book of authorities, Vol. I to II (service Apr. 29/05 rec'd May 24/05 - Motion requested), Completed on: 2005-06-01 | Gary Leskun |
| 2005-04-25 | Appellant's factum, (service Apr. 29/05 rec'd May 24/05 - Motion requested) - Cd rec'd Aug. 25/05- Revised CD because of format recvd Aug 30/05, Completed on: 2005-05-30 | Gary Leskun |
| 2005-03-29 | Appellant's record, Vol. I and II (Service rec'd Apr. 13/05), Completed on: 2005-04-13 | Gary Leskun |
| 2005-03-22 | Correspondence received from, S. J. Leskun dated March 17, 2005 re: new delivery address | Sherry Jean Leskun |
| 2005-02-09 | Correspondence (sent by the Court) to, Ms. Leskun with S.C. Act and Rules | |
| 2005-02-07 | Correspondence received from, (by fax) Ms. Leskun returning questionnaire - she will represent herself (original filed Feb. 14/05) | Sherry Jean Leskun |
| 2005-01-31 | Notice of appeal, Completed on: 2005-01-31 | Gary Leskun |
| 2005-01-31 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2005-01-27 | Correspondence (sent by the Court) to, Ms. Leskun re: represented by counsel or represented yourself | |
| 2005-01-21 | Judgment on leave sent to the parties | |
| 2005-01-20 |
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 CA031247, 2004 BCCA 422, dated August 3, 2004, is granted with costs to follow the event. Granted, costs to follow |
|
| 2004-12-14 | Order on motion to extend time | |
| 2004-12-14 |
Decision on motion to extend time, to serve and file the applicant's reply to Nov. 25/04, Reg Granted |
|
| 2004-12-14 | Submission of motion to extend time, Reg | |
| 2004-12-13 | Affidavit, of Henry S. Brown | Gary Leskun |
| 2004-11-29 | Motion to extend time, to serve and file the reply and for substitutional service (additional affidavit of S. L. Specht), Completed on: 2004-11-29 | Gary Leskun |
| 2004-11-22 | All materials on application for leave submitted to the Judges, CJ Bi Cha | |
| 2004-11-12 | Applicant's reply to respondent's argument, (extension of time and service requested - rec'd Nov. 29/04) (sent to the judges Dec. 15/04), Completed on: 2004-11-29 | Gary Leskun |
| 2004-10-27 | Respondent's response on the application for leave to appeal, Completed on: 2004-10-27 | Sherry Jean Leskun |
| 2004-10-14 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2004-10-04 | Application for leave to appeal, (C/A Order missing - rec'd Nov.2), Completed on: 2004-11-02 | Gary Leskun |
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 |
|---|---|---|
| Leskun, Gary | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Leskun, Sherry Jean | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Millar, Colin A. | Amicus curiae | Active |
Counsel
Party: Leskun, Gary
Counsel
Shelagh Kinney
Alison M. Ouellet
Shawna L. Specht
3103 - 1077 West Cordova Street
Vancouver, British Columbia
V6C 2C6
Telephone: (604) 602-9000 Ext: 224
FAX: (604) 682-0556
Email: lorne@bcfamilylaw.ca
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: Leskun, Sherry Jean
This party is not represented by counsel.
Party: Millar, Colin A.
Counsel
700 - 401 West Georgia Street
Vancouver, British Columbia
V6B 5A1
Telephone: (604) 661-9237
FAX: (604) 688-3830
Email: cmillar@rbs.ca
Summary
Keywords
None.
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.
Family Law - Spousal support - Spousal misconduct - Whether s. 15.2(5) or s. 17 of the Divorce Act permit a court to consider spousal misconduct in determining whether a spouse has failed to achieve economic self-sufficiency - Whether it is appropriate for the court to consider the parties' capital positions in relation to the ability to pay support in cases involving a determination of support pursuant to ss. 15.1 or 15.2 of the Divorce Act - What is the test for making a review order for support as compared to a time-limited order for spousal support - Whether there is a subjective and/or objective test for determining if a spouse has the ability to pay support or for determining if a spouse has met the duty or obligation to pursue the goal of self-sufficiency set out in s. 15.2(6) of the Divorce Act - Whether the Court of Appeal erred as a matter of law in the application of that test in the present case - Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), s. 15.2(5).
The Appellant, husband and the Respondent, wife were married in July, 1978, separated in September, 1998 and divorced in September, 1999. The Appellant has remarried and lives with his current wife in the Chicago, Illinois area. Pursuant to a consent order, the Appellant was ordered to pay the amount of $2,250 per month to the Respondent by way of spousal support. On May 31, 2000 and following a trial, the Appellant was ordered to continue paying spousal support in the amount of $2,250 per month. The Appellant sought a review of the spousal support order and on September 2, 2003 the Appellant was again ordered to continue paying spousal support in the amount of $2,250. The Appellant appealed to the Court of Appeal for British Columbia, but the appeal was dismissed.
Lower court rulings
Supreme Court of British Columbia
F990070
Appellant's application to rescind spousal support dismissed; Respondent's application to increase spousal support dismissed; Appellant to continue paying spousal support in the amount of $2,250 per month
Court of Appeal for British Columbia (Vancouver)
CA031247, 2004 BCCA 422
Appeal dismissed
Filed documents
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 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 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
Not available
Related links
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
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books 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 condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available