Appellant
Respondent
- Parties: The appellant was Roland Nikolaus Auer. The respondents were Aysel Igorevna Auer and the Attorney General of Canada.
- Subject Matter: The appellant father and the respondent mother married in 2004, had one child together, and divorced in 2008. The child resided with the mother. The father paid her child support but brought a judicial review application challenging the vires of the Federal Child Support Guidelines, which determined child support amounts in divorce cases. The father argued that the Governor in Council (GIC) exceeded its authority under ss. 26.1(1) and (2) of the Divorce Act when enacting the Guidelines.
- Ruling: The court ruled in the respondents’ favour and dismissed the appeal. The court, applying the reasonableness standard, found the Guidelines within the GIC’s scope of authority and thus intra vires. The court found the GIC entitled to choose an approach to calculating child support that (1) assumed that parents spent the same linear percentage of income on their children regardless of their income levels and the children’s ages; (2) risked double counting certain special or extraordinary expenses; and (3) did not consider the recipient parent’s income, government child benefits paid to recipient parents, and the payer parent’s direct spending on the child when that parent exercised less than 40 percent of annual parenting time.
- Date: The court released its decision on Nov. 8, 2024.
- Venue: This was a case before the Supreme Court of Canada.
- Amount: The court awarded the respondent mother costs in an unspecified amount.
Court
Supreme Court of CanadaCase Number
40582Practice Area
Family lawAmount
$ 0Winner
RespondentTrial Start Date
20 January 2023Download documents