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15 January 2008

Karen Shirley-Paterson & Nikki Charlton Win Supreme Court Decision

Today, Farris Partner Karen Shirley-Paterson and Associate Nikki Charlton won a decision in the Supreme Court of British Columbia before The Honourable Mr. Justice Warren in Redpath v. Redpath. Representing the plaintiff, Farris lawyer Shirley-Paterson, with the assistance of Charlton, applied to vary the spousal support order of Williamson J. made following a trial on April 22, 2005, later varied on appeal, to terminate the spousal support payable to the defendant retroactively to a date when the defendant and her partner began residing together. As well, the plaintiff sought to vary the child support order to reflect the differences between the plaintiff’s income and the defendant’s income as a result of the shared parenting arrangement of the parties’ three youngest children. On the spousal support issue, Mr. Justice Warren said: In all of the circumstances I conclude that the plaintiff has established the requirements under s. 17 (of the Divorce Act) and I order that spousal support should end effective May 1, 2006, the date when I hold the parties commenced to cohabit. On the issue of child support, income was imputed to the defendant and her income was taken into account in setting off the quantum of child support. The plaintiff was awarded his costs of the application. Shirley-Paterson, today said “The win for our client is a significant one and I am very proud of the work and dedication of our Family Law practice group, here at Farris.”

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