Reported as: 2018 SKQB 182
Docket Number: QB17568 , DIV 245/17 JCR
Court: Court of Queen's Bench
- Statutes � Interpretation � Enforcement of Maintenance Orders Act, 1997, Section 28
Digest: The respondent applied to set aside a notice of continuing seizure pursuant to The Enforcement of Maintenance Orders Act, 1997 and the petitioner applied for summary determination that the respondent�s employer was liable under the notice served April 2018. The respondent was ordered in July 2017 to pay the petitioner monthly child and spousal support and to continue to pay the mortgage and property taxes for the family home as well as the home equity loan. The respondent submitted that as a result of surgery he had been unable to work and was receiving Workers� Compensation benefits. Due to his reduced income, he had been able to make only partial payments toward the mortgage. He argued that they were not part of child or spousal support and could not form the basis of the continuing seizure.
HELD: Both applications were dismissed. The court held that the 2017 order requiring the respondent to make the mortgage and home equity loan payments related to the family home were for the benefit of the petitioner and the parties� child and were payments on account of the respondent�s obligation to support his spouse and their child. The respondent had also failed to meet the criteria set out in s. 28 of the Act to set aside a notice of seizure....