Colson and Yamber (Child support)

The case of Colson and Yamber concerned a dispute over the percentage of care for a child, brought before the court for review. The decision under review had previously determined the care arrangements, and the parties sought to have this determination set aside and substituted.

The primary legal issue before the court was whether the previous decision regarding the percentage of care was correct, particularly in light of an agreed pattern of care between the parties. The court was required to assess whether the established care arrangements accurately reflected the reality of the child's living situation and whether the prior decision appropriately considered the agreed pattern of care.

Justice Thomson M found that the previous decision was flawed and set it aside. The court reasoned that the agreed pattern of care was a significant factor that had not been adequately considered or applied in the original determination. By substituting its own decision, the court aimed to ensure that the percentage of care accurately reflected the parties' agreement and the child's best interests. The court ultimately made orders to substitute the previous decision with its own findings on the percentage of care.