Hnidy v. Hnidy, 2015 SKQB 1

Judge:Wilson, J.
Court:Court of Queen's Bench for Saskatchewan
Case Date:January 02, 2015
Jurisdiction:Saskatchewan
Citations:2015 SKQB 1;(2015), 464 Sask.R. 275 (QB)
 
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Hnidy v. Hnidy (2015), 464 Sask.R. 275 (QB)

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Temp. Cite: [2015] Sask.R. TBEd. JA.033

David Brent John Hnidy (petitioner) v. Rosanne Bertha Hnidy (respondent)

(2012 DIV No. 76; 2015 SKQB 1)

Indexed As: Hnidy v. Hnidy

Saskatchewan Court of Queen's Bench

Judicial Centre of Saskatoon

Wilson, J.

January 2, 2015.

Summary:

The mother sought retroactive and ongoing child support for the parties' youngest child, who was 18 on the hearing date in October 2014 and would turn 19 in January 2015. The mother asserted that the child remained a child of the marriage because he was playing on a Junior A league hockey team in British Columbia with the hope of a professional hockey career.

The Saskatchewan Court of Queen's Bench dismissed the application.

Family Law - Topic 4001.1

Divorce - Corollary relief - Maintenance awards - Retroactive awards - [See Family Law - Topic 4014 ].

Family Law - Topic 4014

Divorce - Corollary relief - Maintenance awards - To children and children defined - The mother sought retroactive and ongoing child support for the parties' youngest child, who was 18 on the hearing date in October 2014 and would turn 19 in January 2015 - The mother asserted that the child remained a child of the marriage because he was playing on a Junior A league hockey team in British Columbia with the hope of a professional hockey career - The Saskatchewan Court of Queen's Bench dismissed the application - The mother failed to establish that, as of the "material time", which was the hearing date, the child was unable by reason of illness, disability or "other cause" to withdraw from the parents' charge - The child's pursuit of athletic endeavour could not be characterized as "other cause" - The child was not pursuing post-secondary education - He was being provided with "wages" in the sense that his team provided housing and expenses and helped him with finding part-time work - However, even if he was playing hockey for free, he would not be defined as a child of the marriage - The mother's request for continuing child support had to be denied - Nor was it possible to pursue retroactive support where, at the material time, the child was not a child of the marriage.

Family Law - Topic 4045.11

Divorce - Corollary relief - Maintenance - Child support guidelines (incl. nondivorce cases) - Children over the age of majority - [See Family Law - Topic 4014 ].

Cases Noticed:

D.B.S. v. S.R.G., [2006] 2 S.C.R. 231; 351 N.R. 201; 391 A.R. 297; 377 W.A.C. 297; 2006 SCC 37, refd to. [para. 4].

Ethier v. Skrudland, [2011] 4 W.W.R. 608; 366 Sask.R. 203; 506 W.A.C. 203; 2011 SKCA 17, refd to. [para. 5].

Jackson v. Jackson, [1973] S.C.R. 205, refd to. [para. 18].

Thompson v. Thompson (1999), 181 Sask.R. 154 (Q.B.), refd to. [para. 25].

Olson v. Olson (2003), 320 A.R. 379; 288 W.A.C. 379; 225 D.L.R.(4th) 735; 2003 ABCA 56, refd to. [para. 26].

Vien v. Jureidini, [2013] Sask.R. Uned. 41; 2013 SKQB 142, refd to. [para. 27].

Counsel:

Dennis J. Fisher, for the petitioner;

April P. Cook, for the respondent.

This application was heard by Wilson, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Saskatoon, who delivered the following fiat on January 2, 2015.

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