Hayden v. Haney, (1997) 122 Man.R.(2d) 146 (QBM)

• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: October 01, 1997
• Jurisdiction: Manitoba
• Citations: (1997), 122 Man.R.(2d) 146 (QBM)

Hayden v. Haney (1997), 122 Man.R.(2d) 146 (QBM)

MLB headnote and full text

Temp. Cite: [1997] Man.R.(2d) TBEd. OC.028

Brenda Marie Hayden (petitioner) v. Larry Haney (respondent)

(File No. 97.02.200 FD)

Indexed As: Hayden v. Haney

Manitoba Court of Queen's Bench

Brandon Centre

Harrison, Master

October 1, 1997.

Summary:

Brenda Hayden petitioned for a declaration of parentage and maintenance from Larry Haney. Haney responded by formal Answer, denying paternity. He did not attach a finan­cial statement in Form 70D as required by rule 70.11(3)(a). Hayden moved for an order striking Haney's Answer because no finan­cial statement was filed. Haney moved for severance of the paternity and maintenance issues and for an order staying the require­ment to provide financial information. Both motions were heard together.

A Master of the Manitoba Court of Queen's Bench dismissed Haney's motion to sever. The Master ordered him to provide financial dis­closure in Form 70D within 30 days failing which his Answer would be struck.

Family Law - Topic 2417

Maintenance of wives and children - Prac­tice - Severance of issues - Brenda Hayden petitioned for a declaration of parentage and maintenance from Larry Haney - Haney responded by formal Answer, deny­ing paternity - He did not attach a financial statement - He also moved for an order severing the paternity and maintenance issues - Haney argued that the provision of financial material is unnecessary until determination of pater­nity or, alternatively, that the issue of paternity should be severed from other issues until a deter­mination of paternity was made - A Master of the Manitoba Court of Queen's Bench dismissed the motion - The Master adopted jurisprudential reasoning indicating that one of the main reasons for creating the Family Division was to ensure that family proceedings would be dealt with as one matter - See paragraphs 10 and 11.

Family Law - Topic 2445

Maintenance of wives and children - Evi­dence - Financial disclosure by spouse - Brenda Hayden petitioned for a declar­ation of parentage and maintenance from Larry Haney - Haney responded by formal Answer, denying paternity - He did not attach a financial statement in Form 70D as required by rule 70.11(3)(a) - Hayden moved for an order striking Haney's Answer because no financial statement was filed - Haney argued that the provision of financial material was unnecessary until determination of paternity - A Master of the Manitoba Court of Queen's Bench ordered that Haney provide financial dis­closure in Form 70D within 30 days fail­ing which his Answer would be struck - The Master held that financial information was critical to the determination of child sup­port - See paragraphs 1 to 9.

Cases Noticed:

Palansky v. Palansky (1989), 60 Man.R.(2d) 141 (Q.B. Fam. Div.), consd. [para. 6].

Silverman v. Silverman (1993), 90 Man.R.(2d) 107; 50 R.F.L.(3d) 246 (Q.B. Fam. Div.), consd. [para. 8].

Desjardins v. Desjardins (1993), 89 Man. R. 140 (Q.B.), consd. [para. 10].

Statutes Noticed:

Queen's Bench Rules (Man.) - see Rules of Court (Man.), Queen's Bench Rules.

Rules of Court (Man.), Queen's Bench Rules, rule 70.11(3) [para. 5].

Counsel:

L.B. Giesbrecht, for the petitioner;

G.F. Lowes, for the respondent.

These motions were heard by Harrison, Master, of the Manitoba Court of Queen's Bench, Brandon Centre.

Master Harrison delivered the following decision on October 1, 1997.