HH. Self-Represented Litigants

• Author: Julien D. Payne - Marilyn A. Payne
• Pages: 567-567

Evidence; Procedure; Costs 567

e proper forum in which a parent may call upon the court to exercise a n advisory role is

a JDR session.213

Litigation is not precluded by an arbitration clause in a separation agreement where the

clause is not suf‌f‌iciently clear and una mbiguous to oust the jurisdiction of the court and the

plea was raised belatedly, notwithstanding earlier opportunities to raise the issue. A court

may also refuse a stay of the judicial proceeding under section 7 of the Arbitration Act,

1991214 (Ontario) where the motion to stay was brought after undue delay.215

FF. UNDERTAKINGS

Where a litigant fails to comply with undertakings, the proper procedure is for an appli-

cation to be brought that asks the court to order due compliance with the undertakings.

Accordingly, an appellate court may f‌ind no error of law established in a chambers judge’s

failure to take extant undertakings into account in granting the father’s application for

retroactive a nd prospective termin ation of his court-ordered chi ld support obligation.216

GG. HEARSAY EVIDENCE

An issue of hearsay evidence cannot be raised on appeal if it was not raised before the

chambers judge. Where there is an appeal respecting the admission of evidence in a civil

proceeding, the appellant can only rely on those grounds upon which the evidence was

objected to at trial.217

HH. SELF-REPRESENTED LITIGANTS

Self-represented litigants are governed by the same legal principles, rules of evidence, and

standards of procedure as those applicable to litiga nts who are represented by counsel.218

Failure to strictly comply with Rule 37.03(a) of the New Brunswick Rules of Court219 is

not fatal to a self-represented father’s application to be credited with the overpayment of

child support. e court may dispense with such compliance pursuant to Rule 2.01 where

too technical an application of the ru les may result in an injustice.220

II. JUDICIAL DISCRETION OVER COSTS

Orders respecting costs in divorce and matrimonial proceedings a re a matter for the exer-

cise of discretion by the court.e Federal Child Support Guidelines are easily understood

and radically simplify the assessment of the amount payable. Where one parent frustrates

the process by recalcitrance and obsti nacy, such conduct should be ref‌lected by an order for

costs against that pa rent.221 Parents who make it dif‌f‌icult to resolve child support disputes in

213 Nanrhe v. Nanrhe, [2005] A.J. No. 1332 (Q.B.).

214 S.O. 1991, c. 17.

215 Seguin v. Masterson , [2004] O.J. No. 2176 (S.C.J.).

216 P.E.K. v. B.W.K., [2003] A.J. No. 1706 (C.A.).

217 Ibid.

218 Ibid.

219 N.B . Reg. 82-73 (Judicature Act) .

220 Newman v. Tibbetts, [2005] N.B.J. No. 135 (C.A .).

221 Ralph v. Ralph, [2001] N.J. No. 238 (S.C.).