Glarvin v. Glarvin, (1996) 148 Sask.R. 71 (CA)

• Judge: Tallis, Vancise and Sherstobitoff, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: September 04, 1996
• Jurisdiction: Saskatchewan
• Citations: (1996), 148 Sask.R. 71 (CA)

Glarvin v. Glarvin (1996), 148 Sask.R. 71 (CA);

    134 W.A.C. 71

MLB headnote and full text

Donna Ellen Glarvin (appellant) v. Dieter Glarvin (respondent)

(File No. 2418)

Indexed As: Glarvin v. Glarvin

Saskatchewan Court of Appeal

Tallis, Vancise and Sherstobitoff, JJ.A.

September 4, 1996.

Summary:

A wife applied for the variation of child support that had been granted in a divorce. The husband submitted that the application should be heard in Ontario pursuant to the terms of the separation agreement.

The Saskatchewan Court of Queen's Bench held that it lacked jurisdiction to hear the matter. The wife appealed.

The Saskatchewan Court of Appeal allowed the appeal.

Family Law - Topic 4018

Divorce - Corollary relief - Maintenance awards - Variation of awards - Jurisdic­tion - A husband and wife married in 1975 - A son was born in 1978 - They separated in 1979 - The son resided with the wife in Saskatchewan - The husband lived in Ontario - In a separation agree­ment, the husband agreed to pay monthly child support of $200 - Applications for variation would be under the laws of Ontario - In 1989, a divorce was granted by the Saskatchewan Court of Queen's Bench - The divorce order also directed the husband to pay monthly child support of $200 - In 1996, the wife applied for a variation of the child support order con­tained in the divorce order - The husband submitted that the matter should be heard in Ontario - The Saskatchewan Court of Appeal ruled that the Saskatchewan Court of Queen's Bench had jurisdiction to con­sider the application for variation.

Cases Noticed:

E.K. Motors Ltd. v. Volkswagen Canada Inc., [1973] 1 W.W.R. 466 (Sask. C.A.), folld. [para. 9].

Zaba v. Bradley (1996), 137 Sask.R. 295; 107 W.A.C. 295; 18 R.F.L.(4th) 1 (C.A.), refd to. [para. 11].

Calow v. Calow (1996), 141 Sask.R. 78; 114 W.A.C. 78 (C.A.), refd to. [para. 11].

Statutes Noticed:

Divorce Act, R.S.C. 1985 (2nd Supp.), c. 3, sect. 5(1)(a) [para. 9].

Counsel:

D.J. Kovatch and Lee Anne Schienbein, for the appellant;

S. Fitzsimmons, for the respondent.

This appeal was heard on September 4, 1996, before Tallis, Vancise and Sherstobi­toff, JJ.A., of the Saskatchewan Court of Appeal.

On September 4, 1996, Tallis, J.A., delivered orally the following judgment for the Court of Appeal with written reasons filed on September 6, 1996.