Director of Maintenance Enforcement (Sask.) v. O'Byrne, 2014 SKCA 8

JudgeRichards, C.J.S., Klebuc and Ryan-Froslie, JJ.A.
CourtCourt of Appeal (Saskatchewan)
Case DateJanuary 23, 2014
JurisdictionSaskatchewan
Citations2014 SKCA 8;(2014), 433 Sask.R. 60 (CA)

Maintenance Enforcement v. O'Byrne (2014), 433 Sask.R. 60 (CA);

    602 W.A.C. 60

MLB headnote and full text

Temp. Cite: [2014] Sask.R. TBEd. JA.028

The Director of Maintenance Enforcement Acting in the Interests of Candace Nicole Pepper (appellant/recipient) v. Corby Jay O'Byrne (respondent/payor)

(CACV2478; 2014 SKCA 8)

Indexed As: Director of Maintenance Enforcement (Sask.) v. O'Byrne

Saskatchewan Court of Appeal

Richards, C.J.S., Klebuc and Ryan-Froslie, JJ.A.

January 23, 2014.

Summary:

At issue on this appeal was whether a judge presiding over a default hearing under the Enforcement of Maintenance Orders Act had jurisdiction to vary a support order.

The Saskatchewan Court of Appeal allowed the appeal, holding that a judge presiding over a default hearing lacked jurisdiction to vary a support order unless a concurrent application for variation pursuant to the appropriate statutory authority had been brought with notice to the other party. As no application had been before the judge in this matter, he lacked jurisdiction to vary the child support order in question.

Family Law - Topic 2383

Maintenance of wives and children - Variation of - Jurisdiction - The Saskatchewan Court of Appeal affirmed that a judge presiding over a default hearing lacked jurisdiction to vary a support order unless a concurrent application for variation pursuant to the appropriate statutory authority had been brought with notice to the other party - As no application had been before the judge in this matter, he lacked jurisdiction to vary the child support order in question.

Family Law - Topic 2522

Maintenance of wives and children - Enforcement - Orders - Jurisdiction - [See Family Law - Topic 2383 ].

Cases Noticed:

Smith v. Smith, [2009] 5 W.W.R. 632; 314 Sask.R. 187; 435 W.A.C. 187; 2008 SKCA 141, refd to. [para. 2].

Director of Maintenance Enforcement (Sask.) v. Gerbrandt (2003), 238 Sask.R. 201; 305 W.A.C. 201; 2003 SKCA 80, refd to. [para. 2].

Alberding v. Alberding (1989), 74 Sask.R. 208 (C.A.), refd to. [para. 2].

Counsel:

Charita Ohashi, for the appellant;

No one appearing for the respondent.

This appeal was heard and decided orally on January 23, 2014, by Richards, C.J.S., Klebuc and Ryan-Froslie, JJ.A., of the Saskatchewan Court of Appeal. Ryan-Froslie, J.A., delivered the following written reasons for judgment for the court on January 24, 2014.

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3 practice notes
  • Spousal Support On or After Divorce
    • Canada
    • Irwin Books Archive Canadian Family Law. Sixth Edition
    • August 29, 2015
    ...245; JEH v PLH , 2014 BCSC 125; Betts v Betts , 2015 NBQB 19; Toscano v Toscano , 2015 ONSC 487; BLB v GDM , 2015 PESC 1; Linn v Frank , 2014 SKCA 8; Babich v Babich , 2015 SKQB 22 (interim order); compare Poirier v Poirier , 2010 ONSC 920; Fielding v Fielding , 2014 ONSC 2272. And see Saun......
  • Director of Maintenance Enforcement (Sask.) v. Matchee, 2015 SKCA 102
    • Canada
    • Saskatchewan Court of Appeal (Saskatchewan)
    • September 23, 2015
    ...(2008), 314 Sask.R. 187; 435 W.A.C. 187; 2008 SKCA 141, refd to. [para. 6]. Director of Maintenance Enforcement (Sask.) v. O'Byrne (2014), 433 Sask.R. 60; 602 W.A.C. 60; 2014 SKCA 8, refd to. [para. Johnna Van Parys, for the appellant; Maury Greg Matchee, for himself. This appeal was heard ......
  • R. v. O.D., (2015) 466 Sask.R. 159 (PC)
    • Canada
    • Saskatchewan Provincial Court of Saskatchewan (Canada)
    • January 22, 2015
    ...D. resigned from his employment and has suffered public embarrassment, I begin by noting the comments at para. 62 in R. v. McLachlan , 2014 SKCA 8, where it is noted that a Court can make too much of the factors of public shaming and loss of employment. In that regard, the Court of Appeal r......
2 cases
  • Director of Maintenance Enforcement (Sask.) v. Matchee, 2015 SKCA 102
    • Canada
    • Saskatchewan Court of Appeal (Saskatchewan)
    • September 23, 2015
    ...(2008), 314 Sask.R. 187; 435 W.A.C. 187; 2008 SKCA 141, refd to. [para. 6]. Director of Maintenance Enforcement (Sask.) v. O'Byrne (2014), 433 Sask.R. 60; 602 W.A.C. 60; 2014 SKCA 8, refd to. [para. Johnna Van Parys, for the appellant; Maury Greg Matchee, for himself. This appeal was heard ......
  • R. v. O.D., (2015) 466 Sask.R. 159 (PC)
    • Canada
    • Saskatchewan Provincial Court of Saskatchewan (Canada)
    • January 22, 2015
    ...D. resigned from his employment and has suffered public embarrassment, I begin by noting the comments at para. 62 in R. v. McLachlan , 2014 SKCA 8, where it is noted that a Court can make too much of the factors of public shaming and loss of employment. In that regard, the Court of Appeal r......
1 books & journal articles
  • Spousal Support On or After Divorce
    • Canada
    • Irwin Books Archive Canadian Family Law. Sixth Edition
    • August 29, 2015
    ...245; JEH v PLH , 2014 BCSC 125; Betts v Betts , 2015 NBQB 19; Toscano v Toscano , 2015 ONSC 487; BLB v GDM , 2015 PESC 1; Linn v Frank , 2014 SKCA 8; Babich v Babich , 2015 SKQB 22 (interim order); compare Poirier v Poirier , 2010 ONSC 920; Fielding v Fielding , 2014 ONSC 2272. And see Saun......

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