C.A.U. v. M.L.F., (2000) 197 Sask.R. 105 (FD)

• Judge: M-E. Wright, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: July 12, 2000
• Jurisdiction: Saskatchewan
• Citations: (2000), 197 Sask.R. 105 (FD);2000 SKQB 323

C.A.U. v. M.L.F. (2000), 197 Sask.R. 105 (FD)

MLB headnote and full text

Temp. Cite: [2000] Sask.R. TBEd. AU.027

IN THE MATTER OF the Reciprocal Enforcement of Maintenance Orders Act

C.A.U. (applicant) v. M.L.F. (respondent)

(2000 F.L.D. No. 180; 2000 SKQB 323)

Indexed As: C.A.U. v. M.L.F.

Saskatchewan Court of Queen's Bench

Family Law Division

Judicial Centre of Saskatoon

M-E. Wright, J.

July 12, 2000.

Summary:

A mother applied under the Saskatchewan Reciprocal Enforcement of Maintenance Orders Act for confirmation of a provisional child support order made in Alberta.

The Saskatchewan Court of Queen's Bench, Family Law Division, dismissed the applica­tion.

Estoppel - Topic 386

Estoppel by record (res judicata) - Res judicata as a bar to subsequent proceedings - Issues decided in prior proceedings - In 1986, a father was ordered to pay child support under the Children of Unmarried Parents Act until, inter alia, the mother married - The mother married and the father stopped paying support - The moth­er's marriage ended and she obtained a provisional child support order in Alberta -The mother applied under the Saskatch-ewan Reciprocal Enforcement of Main­tenance Orders Act for confirmation of the Alberta order - The Saskatchewan Court of Queen's Bench, Family Law Division, dismissed the application - The matter was res judicata - The father's support obliga­tion terminated upon the mother's marriage and further proceedings were barred - The father had a vested defence which arose prior to the enactment of the existing legisla­tion in either Alberta or Saskatche­wan, neither of which could operate retrospectively to adversely affect that sub­stantive right.

Estoppel - Topic 394

Estoppel by record (res judicata) - Res judicata as a bar to subsequent proceedings - In family law cases - [See Estoppel - Topic 386 ].

Family Law - Topic 2546

Maintenance of wives and children - En­forcement - Foreign orders - Defences - [See Estoppel - Topic 386 ].

Infants - Topic 2570.1

Parentage of children (incl. illegitimate children) - Support and other claims - Foreign orders - Enforcement - [See Estoppel - Topic 386 ].

Statutes - Topic 6704

Operation and effect - Commencement, duration and repeal - Retrospective and retroactive enactments - Presumption against - [See Estoppel - Topic 386 ].

Statutes - Topic 6748

Operation and effect - Commencement, duration and repeal - Prospective enact­ments - Application of - To accrued rights - [See Estoppel - Topic 386 ].

Cases Noticed:

C.J.F. v. B.B.H., [1996] 3 W.W.R. 436; 139 Sask.R. 66 (Q.B.F.D.), appld. [para. 4].

Corcoran v. Baker (1992), 99 Sask.R. 253 (Q.B.), appld. [para. 5].

P.L.D. v. K.D.B. (1994), 120 Sask.R. 241; 68 W.A.C. 241 (C.A.), refd to. [para. 5].

Roach v. Van der Koot, [1997] 6 W.W.R. 530; 161 Sask.R. 220 (Q.B.F.D.), dist. [para. 6].

C.B.-F. v. G.B.A.S. (1998), 169 Sask.R. 302 (Q.B.), dist. [para. 6].

Counsel:

No one appeared for the applicant;

G.A. Richards, for the respondent.

This application was heard before M-E. Wright, J., of the Saskatchewan Court of Queen's Bench, Family Law Division, Judi­cial Centre of Saskatoon, who released the following judgment on July 12, 2000.