Piragoff v. Piragoff, (1995) 135 Sask.R. 273 (FD)

• Judge: Dawson, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: August 29, 1995
• Jurisdiction: Saskatchewan
• Citations: (1995), 135 Sask.R. 273 (FD)

Piragoff v. Piragoff (1995), 135 Sask.R. 273 (FD)

MLB headnote and full text

Laurel Mary Piragoff (respondent) v. Arnold Elia Frederick Piragoff (applicant)

(1977 Q.B. No. 03983)

Indexed As: Piragoff v. Piragoff

Saskatchewan Court of Queen's Bench

Family Law Division

Judicial Centre of Regina

Dawson, J.

August 29, 1995.

Summary:

A father applied for confirmation of an Alberta Court of Queen's Bench provisional order which reduced child maintenance for his two sons, aged 21 and 24.

The Saskatchewan Court of Queen's Bench, Family Law Division, dismissed the application.

Family Law - Topic 4014

Divorce - Corollary relief - Maintenance and awards - Awards - To children and children defined - A father applied for confirmation of a provisional order which reduced child maintenance for his two sons, aged 21 and 24 - The Saskatchewan Court of Queen's Bench, Family Law Division, dismissed the application - The children were still in school and unable to withdraw from their mother's charge - The sons' lack of involvement with their father was due more to his attitude and actions than the sons' wishes - The court refused a request to make the support payable directly to the children, stating that nothing in the Divorce Act provided for such an order.

Family Law - Topic 4017

Divorce - Corollary relief - Maintenance and awards - Awards - Variation of peri­odic payments or lump sum award - [See Family Law - Topic 4014 ].

Cases Noticed:

Willick v. Willick, [1994] 3 S.C.R. 670; 173 N.R. 321; 125 Sask.R. 81; 81 W.A.C. 81, refd to. [para. 4].

Adam v. Adam (1993), 89 Man.R.(2d) 275; 50 R.F.L.(3d) 216 (Q.B. Fam. Div.), disagreed with [para. 7].

Duncan v. Duncan (1989), 74 Sask.R. 100; 18 R.F.L.(3d) 46 (Q.B.), refd to. [para. 17].

Jackson v. Jackson, [1973] S.C.R. 205, refd to. [para. 17].

Tapson v. Tapson, [1970] 1 O.R. 521 (C.A.), refd to. [para. 17].

Counsel:

E.A.F. Merchant, for Laurel Mary Piragoff;

A.M. Crugnale-Reid, for Arnold Elia Frederick Piragoff.

This application was heard by Dawson, J., of the Saskatchewan Court of Queen's Bench, Family Law Division, Judicial Centre of Regina, who delivered the following decision on August 29, 1995.