Hunder v. Fox, (2015) 610 A.R. 181 (QB)

• Judge: Veit, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: January 29, 2015
• Citations: (2015), 610 A.R. 181 (QB);2015 ABQB 79

Hunder v. Fox (2015), 610 A.R. 181 (QB)

MLB headnote and full text

Temp. Cite: [2015] A.R. TBEd. FE.030

Melissa Hunder (applicant) v. Audrey Fox and Doug Fox (respondents)

(FL03 45126; 2015 ABQB 79)

Indexed As: Hunder v. Fox

Alberta Court of Queen's Bench

Judicial District of Edmonton

Veit, J.

January 30, 2015.

Summary:

Hunder applied for confirmation of an ex parte emergency protection order issued against her mother and step-father (the respondents). She asserted that the respondents kidnapped her in 1999 and, because she recently asked the police to lay charges against them, she was personally afraid of the respondents and what they might do to her children.

The Alberta Court of Queen's Bench vacated the emergency protection order.

Family Law - Topic 1126

Domestic violence or exploitation - Assistance for victims - Setting aside orders - The applicant sought confirmation of an ex parte emergency protection order issued against her mother and step-father (the respondents) - She asserted that the respondents kidnapped her in 1999 and, because she recently asked the police to lay charges against them, she was personally afraid of the respondents and what they might do to her children - The Alberta Court of Queen's Bench vacated the order - The Provincial Court judge had relied solely on the applicant's subjective fear, which was "materially less than the statute requires" - Section 2(1)(a.1) of the Protection Against Family Violence Act used the term "reason" in relation to a claimant's belief - "This inserts a mandatory objective component into an applicant's belief in the potential for family violence. Although the court accepts that [the applicant] has a subjective belief in the potential for family violence from the respondents, she has not established an objective component to her subjective fear."

Cases Noticed:

Shipanoff v. Shipanoff, [2010] A.R. Uned. 565; 2010 ABQB 496, refd to. [para. 4].

T.P. v. J.P. (2005), 379 A.R. 161; 2005 ABQB 529, refd to. [para. 4].

G.A.P. v. G.P., [2010] A.R. Uned. 347; 2010 ABQB 296, refd to. [para. 4].

K.J.D. v. R.D.E. (2006), 400 A.R. 316; 2006 ABQB 441, refd to. [para. 4].

Statutes Noticed:

Protection Against Family Violence Act, R.S.A. 2000, c. P-27, sect. 2(1)(a.1) [para. 10].

Counsel:

Christina E. Riddoch (Family Law Office (Legal Aid)), for the applicant;

I. Sandra Badejo (Crerar Law LLP), for the respondents.

This application was heard on January 29, 2015, before Veit, J., of the Alberta Court of Queen's Bench, who delivered the following memorandum of decision, dated at Edmonton, Alberta, on January 30, 2015.