Knudtson v. Backstrom, (1989) 80 Sask.R. 231 (CA)

• Judge: Bayda, C.J.S., Tallis and Vancise, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: November 06, 1989
• Jurisdiction: Saskatchewan
• Citations: (1989), 80 Sask.R. 231 (CA)

Knudtson v. Backstrom (1989), 80 Sask.R. 231 (CA)

MLB headnote and full text

Pearl Ann Knudtson (claimant/appellant) v. Eric Vernon Backstrom (respondent/respondent)

(No. 302)

Indexed As: Knudtson v. Backstrom

Saskatchewan Court of Appeal

Bayda, C.J.S., Tallis and Vancise, JJ.A.

November 6, 1989.

Summary:

A mother of two children instituted proceedings for a provisional maintenance order against their father. Since he was a resident of Manitoba she made a complaint under the Deserted Spouses' and Children's Maintenance Act and then applied ex parte before a judge of the Court of Queen's Bench, in Chambers, for a provisional maintenance order under the Reciprocal Enforcement of Maintenance Orders Act. The Chambers judge, in a decision unreported in this series of reports, dismissed the application on the ground that the applicant must first obtain a "final order" under s. 5 of the Deserted Spouses' and Children's Maintenance Act from a judge of the Provincial Court. The mother appealed.

The Saskatchewan Court of Appeal allowed the appeal and held that the mother's application was properly instituted. The court remitted the matter back to the Chambers judge for continuation of the hearing and disposition.

Family Law - Topic 2245

Maintenance of wives and children - Jurisdiction - Enforcement - Jurisdiction of provincial court - The Saskatchewan Court of Appeal held that a mother resident in Saskatchewan was entitled to apply ex parte in the Saskatchewan Court of Queen's Bench Chambers for a provisional maintenance order against a father resident in Manitoba, under the Reciprocal Enforcement of Maintenance Orders Act - The mother was not required to first obtain a final maintenance order in Saskatchewan Provincial Court.

Family Law - Topic 2528

Maintenance of wives and children - Enforcement - Orders - Provisional orders - [See Family Law - Topic 2245 above].

Family Law - Topic 2533

Maintenance of wives and children - Enforcement - Orders - Procedure - [See Family Law - Topic 2245 above].

Cases Noticed:

Andrie v. Andrie (1967), 60 W.W.R.(N.S.) 53, refd to. [para. 6].

Bailey v. Bailey (1968), 68 D.L.R.(2d) 537 (S.C.C.), refd to. [para. 6].

Statutes Noticed:

Deserted Spouses' and Children's Maintenance Act, R.S.S. 1978, c. D-26, sect. 5 [para. 2]; sect. 31(1) [para. 4].

Reciprocal Enforcement of Maintenance Orders Act, S.S. 1983, c. R-4.1, sect. 4 [para. 3].

Rules of Court (Sask.), Queen's Bench Rules, rule 632(1) [para. 1, footnote 1].

Authors and Works Noticed:

Power on Divorce (3rd Ed.), vol. 11, pp. 290-291 [para. 5].

Counsel:

K.H. Burningham, for the appellant;

No one appearing for the respondent;

Darryl Brown, for the Attorney General.

This appeal was heard before Bayda, C.J.S., Tallis and Vancise, JJ.A., of the Saskatchewan Court of Appeal on November 6, 1989, when the following decision was delivered for the Court by Tallis, J.A.