Timoshchenko v. Timoshchenko, 2012 ABQB 200

• Judge: Manderscheid, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: February 14, 2012
• Citations: 2012 ABQB 200;(2012), 537 A.R. 344 (QB)

Timoshchenko v. Timoshchenko (2012), 537 A.R. 344 (QB)

MLB headnote and full text

Temp. Cite: [2012] A.R. TBEd. MR.187

Nataliya Timoshchenko (applicant) v. Alexander Timoshchenko, also known as Oleksander Sergiovich Timoshchenko; also known as Oleksandr Timoschenko; also known as Aleksandr Sergeevich Timoshchenko (respondent)

(FL03 30078; 2012 ABQB 200)

Indexed As: Timoshchenko v. Timoshchenko

Alberta Court of Queen's Bench

Judicial District of Edmonton

Manderscheid, J.

March 26, 2012.

Summary:

At issue in this Family Law Act proceeding was whether Canada or Ukraine was the proper jurisdiction and forum for determining child support and special expenses, and whether the court had jurisdiction to dispense with the father's consent for the child to travel outside the Ukraine or respecting medical treatment.

The Alberta Court of Queen's Bench held that Ukraine was the forum conveniens and the issues raised should be dealt with in Ukraine.

Conflict of Laws - Topic 2223

Family law - Maintenance - Forum conveniens - A mother (a citizen of Ukraine) and a father (dual citizen of Ukraine and Canada), who had one child, lived in the Ukraine during their marriage - They obtained a divorce in Ukraine - The father moved to Canada - The mother and child lived in Ukraine - The child had kidney problems and the mother planned to take him to Germany for medical examination and possible treatment - The mother commenced Family Law Act proceedings, seeking child support and special expenses and dispensing with the father's consent for the child to travel outside the Ukraine or respecting medical treatment for the child - A forum conveniens issue arose - The Alberta Court of Queen's Bench held that Ukraine was the forum conveniens and the issues raised should be dealt with in Ukraine.

Conflict of Laws - Topic 2306

Family law - Custody of and access to children - Forum conveniens - [See Conflict of Laws - Topic 2223 ].

Family Law - Topic 2118

Custody and access - Jurisdiction - Where child is resident outside the province - [See Conflict of Laws - Topic 2223 ].

Family Law - Topic 2241

Maintenance of wives and children - Jurisdiction - General - [See Conflict of Laws - Topic 2223 ].

Cases Noticed:

A.G. v. L.S., [2005] A.R. Uned. 548, 2005 ABQB 462, refd to. [para. 15].

A.G. v. L.S. (2006), 397 A.R. 296; 384 W.A.C. 296; 2006 ABCA 311, refd to. [para. 15].

United Oilseed Products Ltd. v. Royal Bank of Canada (1988), 87 A.R. 337; 1988 ABCA 207, refd to. [para. 18].

Sun v. Guilfoile, [2011] O.T.C. Uned. 1685; 2011 ONSC 1685, refd to. [para. 19].

Amchem Products Inc. et al. v. Workers' Compensation Board (B.C.), [1993] 1 S.C.R. 897; 150 N.R. 321; 23 B.C.A.C. 1; 39 W.A.C. 1; 102 D.L.R.(4th) 96, refd to. [para. 26].

Somji v. Somji (2001), 292 A.R. 337; 2001 ABQB 665, refd to. [para. 27].

Dumont v. Dumont (2009), 483 A.R. 44; 2009 ABQB 764, refd to. [para. 27].

Yates v. Boswell, [2010] N.S.R.(2d) Uned. 335; 2010 NSSC 11, refd to. [para. 50].

R. v. Cook (D.R.) (1998), 230 N.R. 83; 112 B.C.A.C. 1; 182 W.A.C. 1; 164 D.L.R.(4th) 1 (S.C.C.), refd to. [para. 52].

R. v. Greco (R.) (2001), 155 O.A.C. 316; 159 C.C.C.(3d) 146 (C.A.), refd to. [para. 52].

Counsel:

Andrey C. Yurmanov (Campbell & Cooper), for the applicant;

Jose A. Delgado (Bishop & McKenzie LLP), for the respondent

This application was heard on February 14, 2012, before Manderscheid, J., of the Alberta Court of Queen's Bench, Judicial District of Edmonton, who delivered the following decision on March 26, 2012.