Langton v. Langton, (1987) 62 Sask.R. 107 (QB)

• Judge: Walker, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: September 22, 1987
• Jurisdiction: Saskatchewan
• Citations: (1987), 62 Sask.R. 107 (QB)

Langton v. Langton (1987), 62 Sask.R. 107 (QB)

MLB headnote and full text

Doreen Violet Elizabeth Langton (petitioner) v. Eugene Warren Langton (respondent)

(No. 47-12-02193 A.D. 1984)

Indexed As: Langton v. Langton

Saskatchewan Court of Queen's Bench

Judicial Centre of Prince Albert

Walker, J.

September 22, 1987.

Summary:

A husband and wife were divorced in 1985 after 19 years of marriage. Pursuant to a separation agreement the husband was to pay maintenance for the three children of the marriage, including $200.00 per month for the youngest son of the marriage, 16 years of age at the time of the divorce. The son subsequently dropped out of school and the husband applied for an order declaring that the child was no longer a child of the marriage pursuant to the Divorce Act and that any outstanding support payments be rescinded.

The Saskatchewan Court of Queen's Bench allowed the husband's application. The court discussed the purpose of an agreed statement of facts.

Family Law - Topic 4014

Divorce - Corollary relief - Maintenance - Awards - To children and children defined - [See Family Law - Topic 4050 below].

Family Law - Topic 4050

Divorce - Corollary relief - Maintenance - Enforcement - Payment or cancellation of arrears of maintenance - Pursuant to a separation agreement a husband was to pay monthly maintenance of $200.00 for a 16 year old son of the marriage - The son subsequently quit school and the husband applied for a declaration that the son was no longer a "child of the marriage" pursuant to the Divorce Act and for rescission of all arrears of maintenance - The Saskatchewan Court of Queen's Bench allowed the application - The court held that there was no evidence that the son was a "child of the marriage" pursuant to s. 2 of the Divorce Act.

Practice - Topic 5331

Trial on agreed statement of facts - General - The Saskatchewan Court of Queen's Bench stated that "an agreed statement of facts is ordinarily, in the nature of a formal admission made for the purpose of dispensing with proof at the hearing. It is ordinarily a statement of facts agreed upon by the parties as true and correct submitted to the court for a ruling on the law which relates to it. It is ordinarily conclusive as to the matters admitted with other evidence being precluded" - The court noted that an agreed statement of facts is binding on the parties to it and can only be altered by mutual agreement - See paragraphs 2 to 5.

Cases Noticed:

Patterson v. Scherloski (1972), 21 D.L.R.(3d) 641, appld. [para. 3].

Cooper v. Cooper (1983), 36 R.F.L.(2d) 95, refd. to [para. 8].

Statutes Noticed:

Divorce Act, R.S.C. 1970, c. D-8, sect. 2 [para. 6]; sect. 17(10) [para. 9].

Enforcement of Maintenance Orders Act, S.S. 1984, c. E-9.2, sect. 25(1) [paras. 1, 12].

Counsel:

P. Cuelenaere, for the applicant;

T.W. White, for the respondent;

B.G. Hamilton, for M.E.O.

This application was heard before Walker, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Prince Albert, who delivered the following judgment on September 22, 1987: