P.L.D. v. K.D.B., (1994) 120 Sask.R. 241 (CA)

• Judge: Cameron, Wakeling and Sherstobitoff, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: October 05, 1993
• Jurisdiction: Saskatchewan
• Citations: (1994), 120 Sask.R. 241 (CA)

P.L.D. v. K.D.B. (1994), 120 Sask.R. 241 (CA);

    68 W.A.C. 241

MLB headnote and full text

K.D.B. (appellant) v. P.L.D. (respondent)

(No. 1541)

Indexed As: P.L.D. v. K.D.B.

Saskatchewan Court of Appeal

Cameron, Wakeling and Sherstobitoff, JJ.A.

May 12, 1994.

Summary:

An order under the Children of Unmarried Parents Act adjudged K.D.B. to be the father of a child and ordered him to pay $200 monthly child support until the child reached age 16, died, was adopted, or the mother married. The mother married in November 1990 and K.D.B.'s support obligation was extinguished. On December 1, 1990, the Family Maintenance Act came into effect, repealing the Children of Unmarried Parents Act. In July 1992 the mother applied under s. 8(1) of the Family Maintenance Act to vary the previous order to require K.D.B. to pay child support until the child ceased to be a child within the meaning of the Family Maintenance Act.

The Saskatchewan Court of Queen's Bench, in a decision reported at 107 Sask.R. 241, allowed the application and ordered K.D.B. to pay child support of $200 per month retroactive to December 1, 1990. K.D.B. appealed.

The Saskatchewan Court of Appeal, Wakeling, J.A., dissenting, allowed the appeal.

Family Law - Topic 2349

Maintenance of wives and children - Maintenance of children - Termination of obligation - [See Infants - Topic 2559.1 ].

Family Law - Topic 2360.1

Maintenance of wives and children - Maintenance of children - Variation of award - [See Infants - Topic 2559.1 ].

Infants - Topic 2559.1

Illegitimate children - Support - By putative father - Reinstatement following termination - An order under the Children of Unmarried Parents Act required K.D.B. to pay $200 monthly child support until, inter alia, the mother married - The mother married in November 1990 and K.D.B.'s support obligation ended - On December 1, 1990, the Family Mainte­nance Act was proclaimed, repealing the Children of Unmarried Parents Act - In July 1992 the mother applied under s. 8(1) of the Family Maintenance Act to vary the previous order - The Saskatchewan Court of Appeal held that s. 8(1) did not operate retrospectively so as to empower the court to vary a previous order that had been exhausted - The court opined that the changes brought by the Family Mainte­nance Act did not constitute a material change in circumstances within the mean­ing of s. 8(1).

Statutes - Topic 6701

Operation and effect - Commencement, duration and repeal - Retrospective and retroactive enactments - General - [See Infants - Topic 2559.1 ].

Cases Noticed:

Corcoran v. Baker (1992), 99 Sask.R. 253 (Q.B.), folld. [para. 11].

Gustavson Drilling (1964) Ltd. v. Minister of National Revenue, [1977] 1 S.C.R. 271; 7 N.R. 401; 66 D.L.R.(3d) 449, consd. [para. 31].

Perrie v. Martin, [1986] 1 S.C.R. 41; 64 N.R. 195; 12 O.A.C. 269, consd. [para. 45].

Angus v. Hart and Angus and Sun Alliance Insurance Co., [1988] 2 S.C.R. 256; 87 N.R. 200; 30 O.A.C. 210, consd. [para. 45].

United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 264 et al. v. Metal Fabricating and Construction Ltd. (1990), 84 Sask.R. 195; 69 D.L.R.(4th) 452 (C.A.), refd to. [para. 69].

Saskatchewan Action Foundation for the Environment Inc. v. Saskatchewan (Min­ister of the Environment and Public Safety), [1992] 2 W.W.R. 97; 97 Sask.R. 135; 12 W.A.C. 135 (C.A.), refd to. [para. 69].

Statutes Noticed:

Children of Unmarried Parents Act, R.S.S. 1978, c. C-8, generally [para. 1].

Family Maintenance Act, S.S. 1990-91, c. F-6.1, sect. 3(1) [para. 7]; sect. 7(1) [para. 8]; sect. 8(1) [para. 9]; sect. 8(2) [para. 37]; sect. 25 [para. 41]; sect. 28 [para. 33].

Authors and Works Noticed:

Craies on Statute Law (7th Ed.), pp. 387-388 [para. 30].

Counsel:

R. Piche, for the appellant;

J. Hardy, for the respondent.

This appeal was heard on October 5, 1993, before Cameron, Wakeling and Sherstobitoff, JJ.A., of the Saskatchewan Court of Appeal. The judgment of the court was delivered on May 12, 1994, when the following opinions were filed:

Cameron, J.A. (Sherstobitoff, J.A., con­curring) - see paragraphs 1 to 50;

Wakeling, J.A. (dissenting) - see para­graphs 51 to 71.