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AN OVERVIEW OF A FAMILY LAW COURTACTION WITH EMPHASIS ON THE DIVORCE

ACT AND CHILD SUPPORT GUIDELINES

These materials were prepared by Sherri Cybulski of Gates & Co., Regina, Sask. for the Saskatchewan.

Legal Education Society Inc. seminar, Family Law for Legal Support Staff, April 1998.

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TABLE OF CONTENTS

AN OVERVIEW OF A FAMILY LAW COURT ACTION,WITH EMPHASIS ON THE DIVORCE ACT AND CHILD SUPPORT GUIDELINES

PAGE

I. GENERAL FILE MANAGEMENT 1

II. DOCUMENT PREPARATION , 2 - 3

III. OVERVIEW OF A COURT ACTION 3

A. PETITION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 - 4

B. SERVING THE PETITION , 4 - 5

C. THE ANSWER 5 - 6

D. STYLE OF CAUSE .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6 - 7

E. COUNTER-PETITION , 7 - 8

F. SERVICE OF ANSWER AND COUNTER-PETITION 8

1. Admission of Service 82. Facsimile. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., 8 - 9

G. AMENDING DOCUMENTS 9

H. SUBSEQUENT PROCEEDINGS 10

1. Statement as to Documents 102. Examinations for Discovery . . . . . . . . . . . . . . . . . . . . . . . . . . .. 103. Interim Application 10

(a) Ex Parte Application 11(b) Notice of Motion . . .. 12(c) Service of Notice of Motion 12(d) Time for Service of Notice of Motion . . . . . . . . . . . . . . .. 13(e) Response to Notice of Motion 14(f) Filing Documents at the Court of Queen's Bench 14(g) The Chambers Hearing 14(h) The chambers Order " 14 - 15(i) Duration of an Interim Order . . . . . . . . . . . . . . . . . . . . .. 15

4. Pre-Trial " 15 - 165. Trial 16

(ii)

IV. COMPLETING THE PETITION 16

A. NOTICE TO RESPONDENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 16

B. CLAIM 161. Relief Claimed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 16 - 172. Grounds for Divorce . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 17

(a) One-Year Separation. . . . . . . . . . . . . . . . . . . . . . .. 17 - 18(b) Adultery. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 18(c) Cruelty 18

3. Unequal Division of Matrimonial Property . . . . . . . . . . . . . . . . .. 194. Reconciliation 195. Jurisdiction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 196. Children. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 19 - 207. Statement of Lawyer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

C. FINANCIAL STATEMENT 211. Income. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 21 - 222. Expenses 22

V. JOINT PETITION 22

VI. INTERIM APPLICATION UNDER THE DIVORCE ACT . . . . . . . . . .. 22 - 24

VII. UNCONTESTED PROCEEDINGS . . . . . . . . . . . . . . . . . . . . . . . . . . .. 24 - 25

VIII. FORMS OF JUDGMENT 25 - 26

A. EARLY DIVORCE JUDGMENT . . . . . . . . . . . . . . . . . . . . . . . .. 26 - 27

B. APPLICATION FOR JUDGMENT IN JOINT PROCEEDINGS 27

C. APPLICATION FOR JUDGMENT BY RESPONDENT 27

IX. VARIATION APPLICATION 27

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(iii)

TABLE OF CONTENTS - TABS

Petition - Notice to RespondentPetition - Claim and Statement of LawyerFinancial StatementSample issued PetitionEx parte application to allow petition to be issued without filing marriage certificate.Marriage certificate to be filed later.Undertaking that marriage certificate will be filed.Order allowing petition to issue without marriage certificate.Affidavit of Identity where names on marriage certificate different from names as appearin petition.Ex parte application to dispense with need to produce marriage certificate.Affidavit in support of application to dispense with the need to produce marnagecertificate.Order to dispense with the need to produce marriage certificate.Affidavit of Personal Service of PetitionLetter to petitioner's lawyer asking that they not note respondent in default of answer.Letter from petitioner's lawyer to respondent's lawyer confirming will not note them indefault of an answer.Answer and Counter-Petition.Service admission endorsement.Service by Facsimile cover sheet.Amended Petition - Notice to Respondent.Amended Petition - Claim.Style of Cause in Chambers application.Ex parte application abridging time for service of notice of motion.Order abridging time for service of notice of motion.Joint Request for Pre-trial Conference.Certificate to set down for Pretrial Conference where no response from other side.Letter to Court House enclosing 16-1.Certified copy of pleadings.Affidavit of respondent admitting to adultery.Waiver of Financial Statements.Joint Petition.Notice of Motion.Affidavit in support of a chambers application.Interim Order following chambers application.Application for Divorce Judgment.Affidavit in support of Divorce Judgment on an uncontested basis.Letter to Court House advising maintenance provisions already registered with theMaintenance Enforcement Office.Certificate of Divorce.

(iv)

24-1 Judgment for Divorce, only.24-2 Judgment for Divorce, adjourning other issues.24-3 Judgment for Divorce, corollary relief and matrimonial property.25-1 Application for Divorce Judgment to take effect immediately.25-2 Judgment for Divorce that takes effect immediately.26 Notice of Application for Judgment of Divorce.27-1 Application for Variation of Corollary Relief.27-2 Variation Order

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(v)

Appendixes

Divorce Act

Queen's Bench Rules, Family Law Proceedings

Child Support Guidelines: Infonnation SheetBasic Child Support Data SheetGuideline AmountsExtra-ordinary expenses

AN OVERVIEW OF A FAMILY LAW COURT ACTION,

) WITH EMPHASIS ON THE DWORCE ACT AND CHILD SUPPORT GUIDELINES

I. GENERAL FILE MANAGEMENT:

The first and foremost thing to remember when working in a law office and especially when

dealing with matrimonial files is the issue of confidentiality. Under no circumstance, without a

lawyer's approval should you be disclosing to anyone who telephones or shows up at your office

whether or not you act for a certain individual. Often times a spouse may attempt to determine

whether or not his/her spouse has retained a lawyer and, if so, whom.

Insofar as file management, a family law file can often grow quite large. It is a good idea to

divide it amongst the following categories:

• Correspondence

• Pleadings (meaning all court documents)

• Custody documentation

• Matrimonial property documentation

In organizing your pleadings, you generally want to keep together the actual Petition, Answer,

divorce Judgment and Certificate of Divorce. Then you would want to keep together all separate

chambers applications (on some files, there may be many). On your file, you should retain the

Notice ofMotion, followed by all Affidavits filed in support and in response, the draft Order and,

finally, the issued Order. Each chambers application should be grouped separated and be labelled

(ie: custody application; ie: summer access; ie: maintenance application (ie: maintenance

variation). The applications should be organized chronologically.

Any time a document is filed at the Court of Queen's Bench, it is important to note on your file

copy when the documentation was filed.

)

II. DOCUMENT PREPARATION:

All court documentation is to be typed on white bond with a left margin of 1.25" or 3.33 cm. on

the left-hand side. The reason for this is that all court documents are pegged down on the court

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file at the left and anything written on the extreme left cannot be seen. Therefore, any exhibit

stamps or admission of service stamps should also not encroach the left 1.25" of the page.

Generally, all paragraphs should be consecutively numbered.

Dates, sums and numbers are to be expressed in figures and not in words.

the Courts are moving towards simplified language. Therefore, you should not us "City of' and

"Province of' or "A.D.".

III. OVERVIEW OF A COURT ACTION:

A. PETITION

In civil proceedings, a court action is commenced by a document known as a Statement of Claim.

In family law proceedings, a court action is commenced by way of a Petition (see: Tab"1-1" and

1-2 attached).

Family law proceedings include any claims which may be made to the courts arising out of a

relationship between two individuals, including claims pertaining to children and claims for

spousal support whether under the Divorce Act, The Family Maintenance Act or The Children's

Law Act; claims for division of property; and claims which can be made against a deceased

person's estate. All of the foregoing apply whether or not the man and woman were legally

married or in a common law relationship.

A Petition consists of three parts:

• the cover page or notice to respondent (see Tab "1-1");

• the subsequent pages which outline the relief claimed (see Tab "1-2");

• the Statement of Lawyer (see last page of Tab "1-2").

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In addition, a Financial Statement (see Tab "2") must be filed in all cases, except where the only

relief claimed is a divorce or where the parties have agreed to the relief to be provided and there

are no children for whom maintenance could be claimed.

A Petition is signed by the petitioner (the person commencing the court proceedings) and he/she

must swear the Financial Statement. The lawyer completes the Statement of Lawyer. The

Petition is then issued at the Court of Queen's Bench. Generally, you would ensure that two

copies of the Petition and Financial Statement are signed by the client. One copy is retained by

the Court upon issuing the Petition. The second copy would contain all of the information

inserted by the Registrar's office (date the Petition was issued; the court file number; and the

name of the Registrar or Deputy Registrar who issued the Petition). A sample issued Petition

(first page only) is attached as Tab "3".

If any relief is being claimed under the Divorce Act, in order to issue your Petition, you must file

a Marriage Certificate. Normally, the original is required (this would include either the

"intermediate" copy which one can order from Vital Statistics or the original Church Marriage

Certificate signed by the priest/minister and witnesses).

If for any reason you cannot produce the Marriage Certificate at the time the action is

commenced, an application can be made to the court, without notice to the respondent, for an

order dispensing with the need to file the Marriage Certificate at the time the action is

commenced. This is known as an ex parte application (that is, an application to the Court for

an Order without notice to the other party). A sample application, supporting affidavit and draft

order are attached as Tabs "4-1", "4-2" and "4-3".

Since you need the Marriage Certificate in order to issue your Petition, and as the names on the

Marriage Certificate must be identical to the names which will appear on your Petition (as

petitioner and respondent), it is a good idea to order your Marriage Certificate as soon as you

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receive instructions to set up the file.

The original copy of the Marriage Certificate filed with the court stays at the Court.

In some circumstances, there may be an error in a person's name in the Marriage Certificate, or

there may have been a name change. In such circumstances, you would have to file an Affidavit

of Identity (see: Tab "5" attached).

In some circumstances, it may be impossible or impractical to obtain a Marriage Certificate

(especially where the parties were married in a country subsequently at war). The court can

permit a petition to be issued without a Marriage Certificate and, in fact, to dispense with the

need to file a Marriage Certificate. A sample application is attached at Tabs "6-1", "6-2" and "6­

3".

Once the Petition has been filed with the court and a court number issued, the court action has

been commenced. In Regina, your court action will be identified as DIY No. if there is any

relief claimed under the Divorce Act. If there is no relief claimed under the Divorce Act, your

file number will be FLD No.

Once a Petition is filed with the Court, the Registrar will request what is called a "Clearance

Certificate" from Ottawa. This is a document which certifies that no other divorce proceedings

have been commenced by either party elsewhere in Canada. It normally takes between two ­

three months for this Clearance Certificate to be received. This document must be received and

must confirm that no other divorce proceedings have been commenced, before a divorce

Judgment can be finalized.

B. SERVING THE PETITION

After the Petition has been issued, it (and the Financial Statement) must be served upon the

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respondent (the person against whom the court action has been commenced).

Service must be effected personally on the respondent. That is, it must actually be handed to the

respondent. It cannot be served by registered mail or by facsimile. A lawyer acting for the

respondent cannot accept service of the Petition on behalf of the client.

The Affidavit of Service which must be completed after a Petition has been served is somewhat

different from a normal Affidavit of Service (see: sample Mfidavit of Service attached as Tab

"7"). Please note:

• The court now attempts to minimize the number of copies of the same document

which form part of the court file. As a result, any time a court document has been

filed on the court file, it is not to be filed again. i.e.: In the case of a Petition, you

will not exhibit the Petition and Financial Statement to the Mfidavit of Service.

Reference is made to the fact that a copy is already on the court file (see

paragraph 2) of the Affidavit of Service.

• It is necessary to identify the means of identifying the respondent (see paragraph

3 of Affidavit of Service).

• The person who serves the Petition and Financial Statement is to ascertain the

respondent's mailing address and insert it in paragraph 4 of the Mfidavit. The

purpose of this address is to allow the petitioner and the court to serve any

documents which may have to be served in the future upon the respondent by

regular mail at that mailing address. This includes the divorce Judgment itself.

c. THE ANSWER

After the Petition and Financial Statement have been served, the Mfidavit of Service would be

completed, sworn and filed with the Court of Queen's Bench.

The Notice to Respondent sets out the time frame within which the respondent must file his/her

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Answer. If an Answer is not filed within that period of time, the petitioner may proceed to note

the respondent in default of an Answer and can then proceed to take steps to get a Judgment for

the relief claimed. If you are acting for the respondent, it is therefore necessary to determine

when the Petition was served so as to ensure an Answer is served on time.

It is possible to obtain permission from the lawyer representing the petitioner to file the Answer

at a later time. That is, in many circumstances, the respondent's lawyer will hope to be able to

negotiate a settlement of the claims set out in the Petition without the need to file a formal

Answer. A sample letter requesting that extension and a sample response are attached as Tabs

"8-1" and "8-2".

An Answer is the document that the respondent serves on the petitioner or the petitioner's lawyer

and is the equivalent of a Statement of Defence in civil court proceedings. A sample Answer is

attached as Tab "9". In an Answer, the respondent would outline what paragraphs or facts in the

Petition that he/she agrees to; correct any errors or inaccuracies (spelling of name; birth date;

mailing address); and identify any claims he/she disputes.

D. STYLE OF CAUSE

In all subsequent documents regarding this court action, you must always include what is known

as your "style of cause". The style of cause consists of the following:

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D.I.V./F.L.D. No. of 199

IN THE QUEEN'S BENCH FOR SASKATCHEWAN

(Family Law Division)

ruDICIAL CENTRE OF REGINA

BETWEEN:

NAME OF PETITIONER,

Petitioner

AND:

NAME OF RESPONDENT,

Respondent

E. COUNTER-PETITION

In the event that the respondent wishes to pursue any claims, a Counter-Petition must be

completed and served. A Counter-Petition is required whenever the respondent wants to claim

relief against the petitioner:

(i) not included in the Petition (i.e.: the Petition claims a divorce and spousal support,

but does not claim a division of matrimonial property); or

(ii) wherever the respondent will have a competing claim (Le.: the petitioner claims

custody; the respondent also wants to claim custody); or

(iii) the respondent wishes to make a different claim (Le.: the Petition claims an equal

division of matrimonial property; the respondent wants an unequal division of

matrimonial property).

The only time that a Counter-Petition would not be required is where the respondent simply

disputes how the petitioner's claim will be quantified or effected (Le.: the petitioner claims

custody and child support - the respondent only disputes the quantum of child support; the

petitioner claims an equal division of property - the respondent wants an equal division of

property as well, it is just a question of how that will be effected). It is probably easiest to

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assume that a Counter-Petition will be required wherever there are competing claims for custody;

defined access is required; spousal support is sought; or an unequal division of property. A

sample Counter-Petition is set out at Tab "9".

With an Answer and Counter-Petition, there must be filed a sworn Financial Statement of the

respondent. Even ifan Answer or Counter-Petition are not required for the respondent, you must

still have the respondent swear and provide to the other side a sworn Financial Statement.

F. SERVICE OF ANSWER AND COUNTER-PETITION

An Answer or Answer and Counter-Petition (which generally form one document) may be served

upon the petitioner's solicitor in any of the following ways:

1. Admission of service:

The documents to be served are sent to the other lawyer, in duplicate. One copy will be retained

by the other lawyer. On the other copy, you will have the admission of service endorsement (see:

Tab II 1Oil). The lawyer would then fill in the date he/she received the document and sign his/her

name. Please note that any lawyer in the law firm representing the party should be prepared to

accept service, although not all law firms follow this practise.

2. Facsimile:

The documents would be faxed to the other lawyer. Your cover sheet must identify:

(i) sender's name, address and telephone number;

(ii) the name of the lawyer for the party to be served;

(iii) the date and time of the transmission;

(iv) the number of pages transmitted, including the cover page;

(v) the telephone number from which the document is transmitted; and

(vi) the name and telephone number of a person to contact if there are transmission

problems.

)

)

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Most law finns have developed a standard facsimile cover sheet. A sample is attached at Tab

"11".

G. AMENDING DOCUMENTS:

In some circumstances, errors may be included in pleadings (your Petition, Answer and Counter­

Petition); or facts may be detennined which result in your wanting to present a different claim

than originally presented (i.e.: originally you claimed an equal division of property, but you now

want to claim an unequal division of property). In such circumstances, it is necessary to amend

your documents.

If the pleadings have not been closed -- that is, if the Petition has simply been issued and perhaps

served, but no Answer filed, the amendment to the Petition may be done at any time. If the

pleadings have been closed -- that is, an Answer has been filed, an amendment can only be done

with the written consent of all other parties (through their solicitor), or by court Order (see

Queen's Bench Rules 165 and 166).

Whenever a document is amended, it must show, on the face of it, all changes made from the

original document. Therefore:

• Any deletions should show the original type, but show a line drawn through it.

• Anything that is newly added should be underlined.

• Anything that was not typewritten, but was filled in by hand, i.e.: the date,

signatures, etcetera, are typed in, but appear between quotation marks.

How a document is amended (ie: by court order ... by consent ... pursuant to Queen's Bench

Rules, etc.) and when it is amended must be set out on the facing page of the document.

A sample amendment is attached as Tab "12-1" and "12-2".

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H. SUBSEQUENT PROCEEDINGS:

Family law proceedings then follow the same fonnat as other civil court proceedings. That is:

1. Statement as to Documents:

This is a standard document which lists all "paper" evidence that your client has which pertains

to the outstanding claims between the parties. This could include things such as tax returns,

pension statements, R.R.S.P. statements, bank statements, pass books, title documents for land,

promissory notes or other evidence of debts, appraisals of assets, etcetera.

2. Examinations for Discovery:

An examination for discovery is where the petitioner's lawyer gets to ask the respondent

questions pertaining to the case; and the respondent's lawyer can ask questions of the petitioner

pertaining to the case. The questions and answers are recorded by a court reporter and are

ultimately reduced to writing, called transcripts. The person being questioned (the petitioner or

the respondent) are sworn under oath Gust as they would be in court) and the answers that they

give may be introduced into the trial and they are presumed to be truthful.

3. Interim Applications:

Any application made to the court before the trial of the action, is known as an interim

application. Any Order granted as a result of that application is known as an interim or

interlocutory Order. In other words, it is interim or temporary -- pending a final Judgment or

decision of the court following agreement of the parties or a Judgment of the court following a

trial.

As noted before, you must always include your style of cause and must identify the parties by

their status in the court action proper (i.e.: petitioner, respondent, petitioner by counter-petition,

respondent by counter-petition). When you are bringing an interim application, whether ex parte

or by way of Notice of Motion, you must also identify who the applicant is in the motion and

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whom the respondent is. An example style of cause within an interim application is attached as

Tab "13".

Interim applications may be (i) ex parte -- that is, without notice to the other side, or (ii) by way

of Notice of Motion -- in which case, the other side receives notice of your application. The

latter is heard in chambers and is frequently described as a chambers application.

(a) Ex parte applications:

An ex parte application is only brought where the relief requested is not controversial and

generally allowed by the Rules of Court or Statute (Le.: to dispense with the need to file the

Marriage Certificate). In other circumstances, it is used when the applicant believes that there

is an urgent situation -- that some harm or injury will occur if notice is provided to the

respondent beforehand; or if the normal time period for bringing an application is adhered to, and

a court Order not immediately obtained. An ex parte application is brought by way of a

Memorandum to Judge.

As with all applications before the Court, a supporting Affidavit is filed together with a draft of

the Order you are seeking. For a sample of an ex parte application, see: Tab "16" and "14",

where an application was made to dispense with the filing of a Marriage Certificate.

Any time an Order is obtained without notice to the other side, the following clause must appear

at the end:

TAKE NOTICE that every Order made without notice to the Respondent or aperson affected by the Order, except where such Order is consented to by theRespondent or a person affected by the Order, or is otherwise authorized by law,may be set aside or varied on application to the Court. You should consult yoursolicitor as to your rights.

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(b) Notice of Motion:

A sample Notice of Motion is attached at Tab "21". The Notice of Motion sets out the date the

application will be heard; the relief requested; the grounds for the relief requested; and the

documentation which will be filed in support. As stated earlier, this would include your client's

Affidavit at a minimum.

An Affidavit is a sworn document which sets out the facts that will be relied upon in court in

support of the application. It is done in the first person. It must only set out facts of which the

deponent (person swearing the affidavit) has personal knowledge. If there are any statements

included of which the deponent does not have personal knowledge, it must set out the basis for

the person's knowledge and a statement that he/she believes what was said. An Affidavit is not

to contain conjectures or opinions (I believe that the reason why my husband/wife is ... is because

...; "he was out of control"). Rather, you would have to set out what the client observed and let

the court draw that conclusion. (i.e.: the respondent stood with his fists clenched at his side and

his face turned red. He then picked up the vase off the table and threw it against the wall and

in an elevated voice said, "you're not leaving here, bitch").

(c) Service of a Notice of Motion:

A Notice of Motion and all supporting documentation is served on the other side before it is filed

with the court. Generally, service would be effected on opposing counsel. Service may be

effected by sending the documents over for the other lawyer to admit service or they may be

served by facsimile. In any event, after the documents have been served, you must file the

original documents with the court with proof of service (i.e.: the original copies of your Notice

of Motion, Affidavit, etcetera, with opposing counsel's admission of service on the first page

would be filed at the Court; or, your original Affidavit of Service by facsimile with the Notice

of Motion, Affidavit, etcetera, attached as exhibits, would be filed at the Court of Queen's

Bench).

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(d) Time for Service of Notice of Motion:

In Regina, chambers has been divided into two parts. Family law proceedings and any chambers

applications pertaining to family law must be brought on a Wednesday or Friday. All other civil

applications are heard on Tuesdays and Thursdays.

Your Notice of Motion will stipulate the day your application will be heard (either a Wednesday

or a Friday). Generally, the lawyer in charge of the file will tell you what date he/she wishes.

You should ensure it is a family chambers date and, further, that you will have enough time to

serve the documentation (see: time limits set out below).

A Notice of Motion may claim corollary relief under the Divorce Act. Corollary relief means a

claim for custody, a claim for access, or a claim for child and/or spousal support under the

Divorce Act. If any of these claims are brought within your Notice ofMotion (even if there may

be other claims brought as well), the Notice of Motion must be served at least 11 days before

the return date specified in your Notice ofMotion. That is, if your application is returnable June

26, the Notice ofMotion and all supporting documentation must be served no later than Monday,

June 15. In counting your 11 days, you should not count the day the documents were served,

but you can count the return date.

In all other cases (that is where you are not claiming custody, access, child support or spousal

support under the Divorce Act, a Notice ofMotion must be served at least three clear days before

the return date stipulated in your Notice ofMotion. That means that you can only count business

days (Monday to Friday) and you cannot count the day of service, nor can you count the return

date listed in the Motion. For example, if you want to be in court on a Friday, the documents

must be served no later than the Monday of that week; if you want to be in court on a

Wednesday, they must be served no later than Thursday of the previous week. You can, of

course, serve the documents further in advance.

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Sometimes a lawyer will want to get a matter in chambers, with notice to the other side

(therefore, by way of Notice of Motion), but cannot meet the time limits for serving the

documents. An application is generally brought in advance, ex parte, allowing for short service

of the documents. A sample application/Order is attached, as Tabs "14-1" and "14-2".

(e) Response to Notice of Motion:

The respondent is entitled to file materials in answer to the Notice of Motion and any affidavits

filed in support. Again, these would be in the form of sworn Affidavits; must be served upon

the applicant's lawyer; and must then be filed with the Court of Queen's Bench with proof of

servIce.

(f) Filine Documents at the Court of Queen's Bench:

There are deadlines for filing your documentation with the Court of Queen's Bench so as to

ensure they are on the Court file for the chambers date in question. If the matter is in chambers

on a Wednesday, your materials must be filed no later than 4:00 p.m. on the Monday. If the

matter is in chambers on a Friday, they must be filed no later than 4:00 p.m. on the Wednesday.

If the documents are not filed by that time, most judges will not allow them to be filed in court

on the chambers date.

(g) The Chambers Hearine:

When a matter proceeds in chambers, a client may attend, but generally is not entitled to speak.

Rather, the judge will have read all materials filed; each lawyer is entitled to make oral argument

before the court; and the judge makes a decision. Sometimes a judge's decision is "reserved".

That means that the judge wishes to think about the matter and will render his/her decision in due

course. This can mean later that day; later that week; or weeks and months later.

(h) The Chambers Order:

Once the judge has made a decision, it is the applicant's responsibility to take out the formal

)

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Order. The judge's name, including initials, is inserted; the date the decision was granted is

inserted; and the Order itself is sent down to the court house to be issued. Thereafter, it should

be provided to the other side (some lawyers prefer to serve the Order on the other side).

(i) Duration of an Interim Order:

An interim Order, whether ex parte or by way of Notice of Motion, will be valid until the date

for expiry specified within the Order; upon a further Order of the court varying that Order; or

upon delivery of a final trial Judgment.

4. Pre-trial:

Once both sides are satisfied that there has been full disclosure of all assets and liabilities, income

and expenses, and any other matters, either side may wish to proceed to trial. Before you can

go to trial, you must have a pre-trial. In order to schedule a pre-trial date, both counsel must

complete and file with the court a Joint Request for Pre-trial Conference. A sample is attached

at Tab "15". If the other side does not execute and return the Joint Request, you can file a

certificate with the court confirming that a Joint Request was sent to opposing counsel, but not

executed or returned and requesting the matter be set down for a pre-trial in any event (see: Tabs

"16-1" and "16-2" attached). The matter will then be sent on the list for scheduling pre-trials.

After the Joint Request has been filed or the certificate advising that a Joint Request has not been

returned, you should receive notice from the Local Registrar's office that your matter has been

set on the pre-trial scheduling date which occurs every other Monday at 9:00 in the morning.

Some one from each law office must attend and a pre-trial date is fixed.

A pre-trial is, in essence, forced mediation. It is attended by a judge, each of the litigants

(petitioner and the respondent) and their counsel. Anything stated at a pre-trial and any offers

to settle made are considered "without prejudice" and cannot be used against that person in

subsequent proceedings in the event that the matter is not settled. Although a judge must try to

- 16 -

settle the claim at pre-trial, neither party can be forced to settle without their agreement.

A Pre-trial Briefwhich sets out a summary of the facts, the issues agreed to, the issues in dispute,

the law and relief requested, must be filed by each side no later than ten days before the date set

for pre-trial. Other notices such as Notices of Expert Witnesses and appraisals must also be

prepared and served upon opposing counsel no later than ten days prior to the date set for pre­

trial.

5. Trial:

In the event that the matter is not settled at pre-trial, the matter will be set down for trial.

Whomever represents the petitioner is to file a Certified Copy of Pleadings (see: sample at Tab

"17" attached). Your pleadings will generally consist of the Petition, Answer, Counter-Petition,

and any Demand for Particulars or Reply.

IV. COMPLETING THE PETITION:

A. NOTICE TO RESPONDENT

A sample is attached as Tab "1-1 ". The person commencing the action will be described as the

petitioner. The other spouse will be the respondent. You should ensure that the names as appear

on the cover page are the same as they appear on the Marriage Certificate.

B. CLAIM

The subsequent pages outline the relief sought.

1. Relief Claimed:

A lawyer may decide to pursue claims under more than one type of legislation. That is, a person

may claim custody, access, child support and spousal support under either the Divorce Act, or

The Children's Law Act and The Family Maintenance Act, or both. Although you can get similar

relief under each statute, there are some important differences:

• An interim application for custody, access or support under the Divorce Act is

)

)

- 17 -

considered "corollary relief' and therefore 11 days notice is required; whereas

under The Children's Law Act and The Family Maintenance Act only 3 clear days

is required or a chambers application.

• You can not claim retroactive support under the Divorce Act; you can under The

Family Maintenance Act.

• The Children's Law Act allows you to claim other relief like an order preventing

one spouse from contacting the other.

The sample claim attached at Tab "1-2" includes all possible relief.

2. Grounds for Divorce:

Paragraphs 2 and 3 of the Petition are utilized where a divorce is claimed. There are three

grounds upon which a person can obtain a divorce:

• The other spouse (the respondent in the court proceedings) has committed adultery

(section 8(2)(b)(i) of the Divorce Act). It is not possible for the petitioner to claim

a divorce from his/her spouse named as respondent on the basis that the petitioner

committed adultery.

• Where there has been "physical or mental cruelty of such a kind as to render

intolerable the continued cohabitation of the spouses" (see: section 8(2)(b)(ii) of

the Divorce Act).

• Where the spouses have lived separate and apart for at least one year (section

8(2)(a) of the Divorce Act).

(a) One Year Separation:

In the majority of circumstances, a divorce will be sought on the basis that the parties have been

living separate and apart for one year. There are many issues which spouses must resolve once

they separate, including custody and access for the children, child support, spousal support, and

division of matrimonial property. Since a divorce can now be obtained without laying blame on

- 18 -

either party, it keeps emotions out of that aspect of divorce proceedings and perhaps allows the

parties to negotiate the balance of issues. In addition, for a one year separation, the divorce itself

can be finalized by either the petitioner or the respondent; and it can be obtained on affidavit

evidence, without the need to go to court.

Remember that a divorce action may be commenced at any time after the parties start living

separate and apart; it can only be finalized after they have been living separate and apart for a

year (that is, they do not have to be living separate and apart for a year before the court action

is commenced).

(b) Adultery:

A person may elect to pursue a divorce based upon adultery if the respondent spouse is prepared

to admit to the adultery. The reason why one might claim a divorce based upon adultery could

be in principle, and also to have the divorce finalized quicker than one year after separation. If

a divorce is sought on this basis and the respondent is prepared to admit to adultery, there is a

standard affidavit which the respondent would swear, attached as Tab "18". It is filed with the

Petitioner's Application for Judgment. The same time constraints still apply (that is, the Petition

must first be served on the respondent; the respondent has 20 days to respond; and before an

application for the divorce can be finalized, the court house must receive a Clearance Certificate).

If the respondent is not prepared to admit to adultery, then a trial would have to be run, and the

petitioner would have to introduce evidence to satisfy the court that the respondent had sexual

intercourse with a female/male person who was not his/her spouse.

(c) Cruelty:

If a divorce is claimed on the grounds of cruelty, the respondent cannot admit to the cruelty

alleged, and a trial would have to be run. Again, as a divorce can now be obtained, without

fault, after one year and, as there are many other issues to be addressed, it will be a rare occasion

where this ground is pursued for a divorce.

)

)

- 19 -

3. Unequal Division of Matrimonial Property:

Any time a spouse does not want to have matrimonial property in existence at the date the court

application is commenced divided equally between (i.e.: the parties have been living separate and

apart for some time and your client would like to divide the property and debt which existed at

the time of separation; either party owned matrimonial property at the date of marriage), the

grounds and the related sections from The Matrimonial Property Act must be set out in clause

4. Samples are included in the precedent (see: Tab "1-2"). The various options and particulars

to be plead will be dealt with in another section of today's seminar.

4. Reconciliation:

The Divorce Act, section 8(3)(b)(ii), allows parties to attempt reconciliation, without interrupting

the calculation of their one year period of separation. Specifically, it provides that the spouses

can live together, with a view to reconciling for a period of, or periods totalling, not more than

90 days.

5. Jurisdiction:

In order to commence a divorce action within Saskatchewan, it is necessary that either spouse

has been ordinarily resident in the province for at least one year immediately preceding the

commencement of the proceedings.

In order to initiate corollary relief proceedings (that is, a claim pertaining to the children or

spousal support), it is only necessary that either spouse be ordinarily resident in the province at

the commencement of the corollary relief proceeding.

6. Children:

Although the parties may have agreed as to the custody, access and support for the children of

the marriage, the court is required by the Divorce Act to satisfy itself that reasonable

arrangements have been made for the children. As a result, it is always necessary to complete

- 20 -

all paragraphs under the heading CHILDREN in the Petition.

7. Statement of Lawyer:

A lawyer is required by law to inform the petitioner, prior to execution of the Petition, that:

• They can attempt to reconcile, including living together and having sexual

relations for a period or periods totalling not more than 90 days, and that it will

not interfere with the calculation of their one year separation for the purposes of

a divorce.

• The solicitor is also to discuss with the petitioner the possibility of reconciliation

and to inform the petitioner ofmarriage counselling or guidance facilities that may

be available.

• The lawyer must also advise the petitioner of the possibility of negotiating a

settlement, and of the option to mediate a settlement, rather than proceeding

through court proceedings.

It is important to remember that even though a Petition may be commenced, it is always hoped

that through disclosure and negotiation, a settlement can be achieved -- that is, one is not destined

for trial simply because a Petition has been issued. In many circumstances, a Petition will be

issued simply to fix a date for determining matrimonial property and debt.

The Matrimonial Property Act defines property as being that property and debt which existed at

the date a court application is commenced and not at the date the parties separate. Because many

changes can occur to property and debt post-separation, it is often advisable to issue the Petition

to fix the date for determining property and debt as close to the date of separation as possible.

It is not necessary that the respondent be served immediately as the petitioner has six months

within which to serve the respondent.

)

- 21 -

C. FINANCIAL STATEMENT:

As noted earlier, a Financial Statement is always required, except:

• Where the only relief sought is a divorce.

• Where the parties have agreed on the relief to be granted, have filed Waivers of

Financial Statements and there are no children for whom maintenance might be

ordered (Queen's Bench Rule 599). A sample Waiver is attached as Tab "19".

The Financial Statement consists of four parts:

• A statement of the deponent's income;

• A statement of the deponent's expenses;

• A statement of all assets;

• A statement of all debts.

All four portions must be completed unless a division of property is the only relief claimed, in

which case only Part II -- dealing with assets and debts -- must be completed.

In order to complete the Statement of Income and Expenses, a client will generally be asked to

complete a Financial Statement. Whenever possible, it is advisable to obtain from the client their

most recent tax return and cheque stubs to verify their actual employment income and deductions,

amount of child tax credit, G.S.T. rebate, etcetera. From this, you may be expected to complete

the income portion of the Financial Statement. Please remember some of the following:

1. Income:

You must determine the frequency of all income and then convert it to _monthly. Child tax

benefits are generally received monthly. G.S.T. rebates are generally received quarterly (every

three months). Therefore, you would divide any cheque stub by three.

If a person is paid other than monthly, you must ensure that you convert the pay received and

- 22 -

the deductions to a monthly equivalent. In this regard:

• For the income, you would convert it to annual and then divide by 12 (i.e.: if aperson is paid bi-weekly, you would take the bi-weekly income, divide it by 2 toget the weekly income, multiply by 52 to get the annual income and divide by 12to get the monthly income ($400.00 + 2 = $200.00 x 52 = $10,400.00 + 12 =$866.67). It is not sufficient to simply double the amounts.

• You must review the pay stubs to determine what deductions come off each paystub. Some times for things such as income tax, E.I., and C.P.P., the deductionsare the same each pay period. For things such as union dues or life insurance, thededuction often only comes off once a month or each alternate pay cheque.Again, this must be converted to a monthly equivalent.

2. Expenses:

All expenses must be converted to a monthly equivalent. So, for things such as property taxes,

property insurance, car insurance, etcetera, you would determine the annual amount and then

divide by 12.

V. JOINT PETITION:

It is also possible for both spouses to jointly petition the court for relief. In such circumstances:

• The spouses shall be called co-petitioners.

• There shall not be a Notice to Respondent.

• The Petition shall be signed by both co-petitioners.

• The Local Registrar would issue the Petition after the signatures of the co­

petitioner.

• The Petition need not be served.

A sample Joint Petition is attached at Tab "20".

VI. INTERIM APPLICATION UNDER THE DWORCE ACT:

As noted earlier, once your court action has been commenced, one of the parties may want to

bring an application before the courts in chambers to obtain an Order as to how the parties will

)

- 23 -

live until there is a final settlement or trial Judgment. The relief an individual can obtain on an

interim basis is infinite, but most commonly includes:

• Defining interim custody

• Defining access

• Defining the amount of child support

• Defining the amount of spousal support

• Defining who will be entitled to live in matrimonial home

• Defining who shall pay for certain debts

An interim application is commenced by way of Notice ofMotion. A standard Notice of Motion

for the foregoing relief under the Divorce Act is attached as Tab "21-1". An Affidavit in support

of the application must be filed. This Affidavit must set out all of the facts necessary to support

the relief claimed in the Notice of Motion. A sample Affidavit is attached at Tab "21-2".

In addition, it is good practise to file a draft Order. If the lawyer dictates the Notice of Motion,

you should be able to draft the Order so as to match the relief requested in the Notice of Motion.

The difference in wording can be parallelled as follows:

In a Notice of Motion it would read:

For an Order giving the applicant interim custody of the children of the marriage.

In the Order it would read:

It is ordered that the applicant shall have interim custody of the children of themarriage.

It is generally advisable to make reference to the sections of your Statutes that you are relying

upon and that the relief is provided. For an interim application, those sections are identified in

- 24 -

the sample Notice of Motion and draft Order (attached as Tab "21-3").

VII. UNCONTESTED PROCEEDINGS:

There are two common situations where a final Judgment can be granted without the necessity

of going to court:

• To obtain a Judgment of Divorce only (whether that is the only relief claimed, or

if all other issues, i.e.: for custody, maintenance and division of matrimonial

property are adjourned to be dealt with later); and

• Where the parties have agreed as to the relief to be granted.

An application for a final Judgment of Divorce can only be applied for after:

• The Petition has been served on the respondent and the time for filing an Answer

has passed (20 days if in Saskatchewan and 30 days if outside Saskatchewan, but

within Canada).

• The Clearance Certificate has been received in the Local Registrar's office.

In order to apply for your final Judgment, you must file the following:

(i) Affidavit of personal service of the Petition upon the respondent.

(ii) Application for Judgment (see: Tab "22-1" attached).

(iii) The applicant's affidavit (see: Tab "22-2" attached).

(iv) If the Judgment contains provisions for child support, either the Maintenance

Enforcement Office Opt/Out Withdrawal form or the Maintenance Enforcement

Registration form. Or, if already registered, send the letter at Tab "22-3".

(v) If adultery is the basis for divorce, the affidavit of respondent admitting adultery.

(vi) The consent Judgment, if appropriate.

(vii) Copies of the Judgment to be issued. In order to determine the number of copies

to be filed, you must determine who will receive a copy of the Judgment. The

Court House will always keep a copy; you want a copy; your client wants a copy;

- 25 -

a copy will be provided to the other spouse; and a copy should be provided to the

other spouse's lawyer if he/she has one.

(viii) Certificate of Divorce to be issued. Same number of copies is filed as the

Judgment (see Tab "23").

(ix) Addressed envelopes (need two for each person):

• to the respondent;

• to the petitioner;

• to the petitioner's lawyer (if there is one);

• to the respondent's lawyer (if there is one).

There is a standard blank fonn of Affidavit prescribed in the Rules of Court. Attached is a

sample Affidavit giving you various options and wordings to be included.

The procedure is that you would file the original copy ofyour application for Judgment, with the

original copy of the applicant's Affidavit (and attached exhibits), the copies of your Judgment

for issuance with envelopes attached, and the copies of your Certificate for Divorce for issuance

with envelopes attached. A judge will nonnally review the documentation and grant the

Judgment, if appropriate, within one - three days. The Judgment will automatically be issued by

the Local Registrar and be mailed out in the envelopes you provided. Thirty days later, the

Certificate of Divorce will also be completed by the Local Registrar and mailed out. Support

staff should ensure that a file is diarized for approximately five weeks following the receipt of

the divorce Judgment to ensure that the Certificate ofDivorce is received. (Some times the Court

House forgets to issue the Certificate, but not very often).

VIII. FORMS OF JUDGMENT

Sample divorce judgments are attached as follows:

• Divorce only (see: Tab "24-1 ");

• Divorce only but adjourning all other issues (see: Tab "24-2").; and

- 26 -

• Divorce judgment and other relief, by consent (see: Tab "24-3").

A. EARLY DIVORCE JUDGMENT

In certain circumstances, an individual requires their divorce Judgment immediately (usually

because they have planned to remarry without accounting for the time it will take to get

divorced). An application can be made to the courts to have the Judgment take effect

immediately. The amendments that must be made to the standard documents are as follows:

(i) In your application for Judgment, you should "X" in the box for "early date of

effect of Judgment".

(ii) In the petitioner's Affidavit (see: Tab "22-2" attached) following the heading

"Judgment", you would insert the following paragraphs:

#. That the Divorce Judgment take effect on the day Judgmentis rendered by reason of the following specialcircumstances:(a) I plan to remarry and the wedding IS

scheduled for Saturday, July 15, 19_.

#. An undertaking by myself and the respondent that no appealfrom the Judgment will be taken is attached hereto andmarked as Exhibit "B" to this my affidavit.

(iii) Under the last paragraph of the petitioner's affidavit, it should read:

#. That I claim the following relief:

(a) A judgment of divorce from the respondent,to take effect on the day Judgment isrendered.***

In addition, an undertaking not to appeal the divorce Judgment must be signed by each spouse

and filed (see: Tab "25-1").

The wording of the divorce Judgment is also somewhat different and the form of Judgment

attached at Tab "25-2" should be utilized.

)

- 27 -

As noted earlier, every document prepared in a court action is to contain the style of cause. The

only exception to this is the Certificate ofDivorce which should be exactly in the format attached

and should not include the parties names in the style of cause (see: Tab "23").

B. APPLICATION FOR JUDGMENT IN JOINT PROCEEDINGS:

The same documentation must be prepared and filed where you have joint co-petitioners as in a

situation where you have a petitioner and a respondent. The only difference is that you make

reference to the application being on behalf of the "co-petitioners" and, where required, you

define which co-petitioner. In addition, each of the co-petitioners must swear an Affidavit.

C. APPLICATION FOR JUDGMENT BY RESPONDENT

Where a petitioner does not apply for Judgment in an uncontested proceeding and where the

grounds for divorce are a separation, then the respondent may apply for the judgment. The

documentation required is:

• Notice of Application for Judgment (Tab "26").

• The Application for Judgment, Affidavit and all other documents which would

normally be filed at set out above. The only variance is that the applicant will be

identified as being the respondent, whereas the precedents provided identify the

applicant as the petitioner.

IX. VARIATION APPLICATION

An interim Order will be effective until the expiry date stipulated in the Order, a Judgment

rendered after trial, a subsequent Order or Judgment obtained by consent which varies the interim

Order, or there is a change in circumstance (as defmed below) and a court makes a variation

Order.

A Judgment rendered after trial will remain in effect until varied by the consent of both parties,

or there is a change of circumstance (as defmed below) and the court grants an Order varying the

- 28 -

original Judgment.

Generally speaking, when dealing with children and in connection with spousal support, any time

there is a "change in circumstance", a spouse or former spouse may apply to the courts in order

to vary the existing Order. There are, in essence, two tests. First, there must be a change in

circumstance and second, the court must be satisfied that the change in circumstance justifies it

changing or varying the original Order.

Simply, a change in circumstance is defined as a "change in the condition, means, needs, or other

circumstances of' the child of the marriage or either spouse or former spouse, which has occurred

since the date of the last Order or Judgment of the court. This can include a change in

employment or income; a change in residence (remarriage, moving to a different city); an

accident or disability; new expenses for the children, change in custody, etcetera.

Insofar as a child or a spousal support Order, a variation may be made retroactively or

prospectively. Where someone is in arrears of their maintenance payments and want them

cancelled, they would do so by way of a variation application.

A variation application is initiated by way of a document called Application for Variation of

Corollary Relief (see: Tab "27-1" attached).

As with an original application for corollary relief, an application to vary corollary relief also

requires at least 11 days between the date of service and the date the application will be heard

(Queen's Bench Rule 592(2». In addition, the application for variation must be served personally

upon the spouse or former spouse and may not be served upon the solicitor or former solicitor

for that spouse (Queen's Bench Rule 590(4». A standard Affidavit of Personal Service would

be utilized.

)

- 29 -

The Affidavit which must be filed in support of a variation application must contain certain basic

infonnation, specifically:

(i) The current marital status of each of the fonner spouses.

(ii) The ordinary residence of each of the fonner spouses and for each of the children

of the marriage.

(iii) The particulars of the current custody and access arrangements and particulars of

any proposed change.

(iv) The particulars of the current support arrangements and the particulars of any

proposed change.

(v) The amount of any arrears under any prior support Order.

(vi) The particulars of any change in circumstance of each of the fonner spouses or the

children since the date of any prior support or custody Order.

Although the Queen's Bench Rule (617) requires certified copies of the original divorce pleadings

and all support or custody Orders being varied to be exhibited to the Mfidavit, if the Order you

are applying to vary was originally granted in Regina and the court file remains in Regina, then

certified copies need not be attached. It is only where your client now resides in Regina, and you

are bringing the variation application in Regina, but the original Orders were granted by a court

outside of Regina, (for example, out of Ontario or Moose Jaw), that you would have to obtain

certified copies of the original pleadings (Petition; Answer) and any support or custody Orders

being varied.

As with an original application before the courts, a Financial Statement is required.

A sample variation order is attached (see Tab "27-2").

)

TAB" 1-1"D.I.V./F.L.D. No. of 199

CANADAPROVINCE OF SASKATCHEWAN

PETITION

IN THE QUEEN'S BENCH(Family Law Division)

JUDICIAL CENTRE OF REGINA

BETWEEN:

*** ,

PETITIONERAND:

***,

RESPONDENT

NOTICE TO RESPONDENT

A LEGAL PROCEEDING HAS BEEN COMMENCED by filing this Petition. The claim made against you appears inthe following pages.

IF YOU WISH TO DISPUTE ANY OF THE CLAIMS, OR IF YOU WISH TO MAKE ANY CLAIM YOURSELF, eitheryou or a lawyer acting on your behalf must prepare an Answer in Form 64 or an Answer and Counter-Petition in Form 65,serve it on the petitioner or the petitioner's lawyer, and file it, with proof of service, in this court office WITHIN 20 DAYSafter this Petition is served on you, where you are served in Saskatchewan.

If you are served elsewhere in Canada or in the United States, the period for serving and filing your answer is30 days. If you are served outside Canada and the United States, the period is 40 days.

Before serving and filing an answer, you may serve and file a Notice of Intent to Answer. This will entitle youto ten more days within which to serve and file your answer.

If this Petition contains a claim for support, maintenance, custody of a child or division of property, you mustserve and file a Financial Statement in Form 67 within the time set out above for serving and filing your answer, whetheror not you wish to file an answer.

IF YOU FAIL TO SERVE AND FILE AN ANSWER A JUDGMENT MAY BE GRANTED IN YOUR ABSENCE ANDWITHOUT FURTHER NOTICE TO YOU ON ANY CLAIM IN THIS PETITION, INCLUDING DISSOLUTION OF YOUR MARRIAGEAND DIVISION OF YOUR PROPERTY.

If you do not oppose or dispute the Petition, but wish to be informed of subsequent steps in the action, you mayserve and file a Demand for Notice in form 10 and thereafter notice of all subsequent pleadings or proceedings shall beserved on you.

IF THE PETITION SEEKS A DIVORCE, NEITHER SPOUSE IS FREE TO REMARRY until a judgment of divorce takeseffect.

This Petition is to be served within 6 months from the date on which it is issued, unless ordered otherwise.

This Petition is issued at Regina, in the Province of Saskatchewan, this day of , 199_.

(SEAL)

Local Registrar.

TAB" 1-2"TO THIS HONOURABLE COURT:

CLAIM

1. I hereby ask this Honourable Court for the following relief:

a. Divorce Act:

X Divorce

x Custody x Access - defined to therespondent

X Support for myself in an amount to be determined bythis Court

X Support for my children in accordance with theGuidelines

b. The Matrimonial Property Act:

X Exclusive possession of matrimonial home

X Division of matrimonial home:

X equal ___ unequal

X Division of matrimonial property:

X equal

c. The Children's Law Act:

___ unequal

x Custody x Access - defined to therespondent

X Guardianship of property of children

X Declaration of parentage

Other

- 2 -

d. The Family Maintenance Act:

X Maintenance for the children in accordance with theGuidelines

X Maintenance for myself in an amount to be determinedby the court

Other (such options under S. 7(1) as the court maydeem necessary to secure the payment of maintenance)

e.

f.

g.

h. x

Relief under The Dependants' Relief Act

Relief between persons who have lived together asspouses

Other (specify Act if any)

Costs

IN THE CIRCUMSTANCES set out below:

PARTICULARS

2. There has been a breakdown of the marriage as established by:

(i) Section 8(2)(a) of the Divorce Act(ii) Section 8(2)(b)(i) of the Divorce Act(iii) Section 8(2)(b)(ii) of the Divorce Act

3. The facts on which my petition is based are:

(i) The parties have been living separate and apart since* * on or aboutJanuary 1, 199_ * *or* * since in or about the month of January, 199_.

(ii) The respondent has had sexual intercourse with a female/male person whois not the petitioner.

(iii) The respondent has struck me with his fist on several occasions; hasridiculed me, in the presence of relatives for not earning enough money; hasspit on me; has broken items of a personal nature to me; and hasthreatened to kill me.

- 3 -

4. My grounds for claiming that an equal distribution of the matrimonial homeor matrimonial property would be unfair and inequitable are as follows:

nla

**or**The petitioner pleads and will rely upon the following sections of TheMatrimonial Property Act:

)

21 (2)(b)21 (2)(c)

21 (2)(d)

*OR*21 (2)(d)

21(2)(e)

21 (2)(g)

21 (2)(j)*OR*21 (2)(j)21 (2)(m)21 (2)(n)

21 (2)(0)

21 (2)(q)

*OR*21 (2)(q)

22(1 )(a)

22(1 )(b)

The parties only cohabited for months.The parties have been living separate and apart for almost_____ years. Property, equity in property and debt hastherefore been accumulated since the parties separated.Most of the matrimonial property was owned by the petitionerprior to marriage.

Property or equity in property has been acquired since theparties separated.Much of the matrimonial property represents gifts orinheritance received from the petitioner's father.The petitioner's financial means and earning capacity havebeen affected by her pregnancy and the birth of their child.Some of the assets will attract tax liability.

The business is taxable as are may of the parties' investments.The respondent has not paid maintenance since separation.There is an unresolved claim to the petitioner's property by hercommon law spouse.The petitioner has maintained and paid down many joint debtssince separation;Any other relevant fact or circumstance the petitioner mayraise:

The respondent has had use and occupation of thematrimonial home and other assets without compensation tothe petitioner.

Almost all of the existing equity in the matrimonial home hadbeen acquired by the petitioner prior to the marriage to therespondent and the parties were only married for eighteenmonths.It would be unfair and inequitable to divide the matrimonialhome equally having regard to the fact the petitioner will havesole custody of the child of the marriage and does not have

- 4 -

the financial means to support the children and pay-out therespondent's equity in the matrimonial home.

23( 1)(c)

23(3)(a}

The petitioner had investments and a pension plan at the dateof marriage and claims an exemption for the value of suchassets as at the date of marriage.

The monies the petitioner has invested in an RRSP representthe proceeds from a personal injury settlement.

RECONCILIATION

5. The following efforts to reconcile have been made:

none * *or* * The parties resumed cohabitation from approximately February2, 1998, until March 25, 1998. The parties separated again on March 25,1998, and have not resumed cohabitation since that time.

6. It is no longer possible for me to reconcile or resume cohabitation with myspouse.

MEDIATION

7. The mediation facilities utilized to negotiate matters pertaining to supportor custody are as follows:

nla **or** The parties attended mediation through ****** and, as aresult, have agreed to the custody and access of the children of themarriage. Support remains as an outstanding issue.

COL L U S ION. CON DON A T IONAND CONNIVANCE

8. a. I have truthfully set forth the facts establishing the breakdown of mymarriage and I have not entered into any agreement, understandingor arrangement to fabricate or suppress evidence or to deceive thecourt.

* * * WHERE CRUELTV OR ADULTERV IS CLAIMED INSERT THE FOLLOWING ATPARAGRAPH 8(b}:

- 5 -

b. I have not encouraged my spouse to act in the manner that I haveoutlined, nor to commit or continue the alleged acts. I am unable toforgive my spouse and resume marital cohabitation as a result ofhis/her acts and conduct toward me.

PARTICULARS OF MARRIAGE

9. Date of marriage: ***

10. I ceased to cohabit with the respondent on or about: ***

11. Wife's surname at birth: ***

12. Marital status of husband at time of marriage: Bachelor**or**Divorced

13. Marital status of wife at time of marriage: Spinster**or**Divorced

14. Wife's birthdate: ***

15. Husband's birthdate: ***

JURISDICTION

16. My address is:

**OR**

***REGINA, Saskatchewan***

c/o GATES & COMPANYBarristers and SolicitorsAvonhurst Plaza3132 Avonhurst DriveREGINA, SaskatchewanS4R 3J7.

17. The respondent's address is: ***REGINA, Saskatchewan***

18. I have been ordinarily resident in Saskatchewan since: Birth * *or* *January 1, 1990

- 6 ­

CHILDREN

19. The names and dates of birth of all children of the marriage are:

***, born ******, born ***.

20. The particulars ofthe past, present and proposed custody, care, upbringingand education of the said children are as follows:

I have been the primary caregiver for the children since their birth, and haveretained custody of the infant children since the respondent and Iseparated. I propose to continue to have the sole custody, care and controlof the said infant children.

21. I claim custody of the following children:

***, born ******, born ***.

22. The facts on which such claim for custody is founded are:

I have retained custody of the infant children since separation. I believethat I can best provide the emotional support and stability required by theinfant children. I would ensure they maintain a close relationship with therespondent and his/her family.

23. I propose to permit access to the said children as follows:

Reasonable access to the respondent at such times and for such durationas may be agreed to in advance, consistent always with the children'seducation, extra-curricular activities and wishes.

* *OR* * Spell out the specified times of access.a) Each alternate weekend, commencing the Friday after school until

the Sunday evening, with the *** to ensure that the child(ren) is/arereturned prior to his/her/their normal bedtime. Provided that if theweekend of access contains a statutory holiday, the period ofweekend access shall be extended to include the statutory holiday.The first of such weekend access shall commence May 11, 1998,and continue each alternate weekend thereafter.

)/

- 7 -

b) For one-half of all school holidays that are seven (7) consecutivedays in duration or more, including the weekend (with the exceptionof summer holidays, which are specifically dealt with below), withthe period of such access to be agreed to between the parties.

c) Two weeks (fourteen consecutive days) during the month of Julyand two weeks (fourteen consecutive days) during the month ofAugust, in addition to the weekend access provided herein, with thespecific weeks of access to be agreed upon between the parties.Conversely the * * shall be entitled to retain the children for the othertwo weeks (fourteen consecutive days) during the month of July andthe other two weeks (fourteen consecutive days) during the monthof August, that the * * does not have the children and, in the eventthey will be away from the City/Town of ** the ** will not beentitled to his/her alternate weekend access.

d) Easter Sunday each alternate calendar year, in addition to the otheraccess specified herein, with the **'s Easter Sunday access tocommence the year 1998.

e) December 24,25, and 26 consecutive each alternate calendar year,in addition to the other access specified herein, with the * *'s firstperiod of Christmas access to be exercised in the calendar year1999.

f) Mothers' Day and the wife's birthday, in addition to the access asprovided for herein.

24. I claim access to the following children:

n/a.

25. The facts on which such claim for access is founded are:

n/a.

26. I claim support (or maintenance) for the following children:

***, born ******, born ***.

- 8 -

27. Other than the parties hereto, the following persons may have an interestin the custody of or access to the said children:

n/a.

28. The nature of my relationship to and interest in the said children is asfollows:

I am the natural mother of the infant children.

OTHER PROCEEDINGS

29. The particulars and status of all other legal proceedings instituted withreference to the marriage, custody, support, maintenance or division ofproperty are:

n/a.

SEPARATION AGREEMENTS ANDFINANCIAL ARRANGEMENTS

30. The dates of any written or oral separation or financial or custodyagreements between the parties are:

n/a **or** The petitioner and respondent have executed an agreementproviding for the maintenance of the children, executed December 5, 1997,as to the petitioner and December 15, 1997, as to the respondent.

31. The Financial Statement of the petitioner in Form 67 is attached hereto.

32. To the best of my knowledge the financial position, both income andassets, of the respondent is:

The respondent is employed as a **** with ***************. To thebest of my knowledge, his/her annual gross income is $35,000.00. He/Sheretains possession of a vehicle and numerous investments, the exactparticulars of which are unknown.

DATED at Regina, Saskatchewan, this _ day of * * * * * * * * * * * * *, 1998.

Petitioner - * * * * *NAME * * * *

- 9 ­

STATEMENT OF LAWYER

I, ***, the lawyer for ***, the petitioner, herein certify to this Court that

I have complied with the requirements of:

Subsection 9( 1) of the Divorce Act with respect toreconciliation and subsection 9(2) of the Divorce Act, withrespect to negotiation and mediation.

Section 14 of The Family Maintenance Act with respect tonegotiation and mediation.

Section 13 of The Children's Law Act with respect tonegotiation and mediation.

DATED at Regina, Saskatchewan, this _ day of * * *, 1998.

GATES & COMPANY

Per:---------------Sherri A. Cybulski

This document was delivered by:

GATES & COMPANYBarristers and SolicitorsAvonhurst Plaza3132 Avonhurst DriveREGINA, SaskatchewanS4R 3J7

and the address for service is the same as above.

Lawyer in charge of file: Sherri A. CybulskiTelephone: (306) 949-5544.

)

BETWEEN:

AND:

TAB "2"

D.I.V./F.L.D. No. *** of 19**.

IN THE QUEEN'S BENCH FOR SASKATCHEWAN(Family Law Division)

JUDICIAL CENTRE OF REGINA

*** ,

PETITIONER

***,

RESPONDENT

FINANCIAL STATEMENT

GATES & COMPANYBarristers and Solicitors

Avonhurst Plaza3132 Avonhurst Drive

REGINA, SaskatchewanS4R 3J7

FINANCIAL STATEMENT

I, * * *, of Regina, Saskatchewan, * * * (occupation), MAKE OATH AND SAY

AS FOLLOWS:

1. Particulars of my income and expenses, property and debts are accurately

set out below to the best of my knowledge, information and belief.

2. The name and address of my employer is:

***Regina, Saskatchewan

3. I do not anticipate any material change in the information set out herein (or

as the case may be).

* *or* *

3. I do not anticipate any material change in the information set out herein

except I am currently in receipt of employment insurance benefits of $ * * * . * * per

month. I work part-time at * * *. I earn $ * . * * per hour and my hours vary. To­

date, I have averaged * * hours per week and any employment earnings from * * *

reduces my employment insurance income.

SWORN before me at Regina,Saskatchewan, this __ dayof * * *, 199* *.

***

A Commissioner for Oaths in andfor the Province of Saskatchewan.BEING A SOLICITOR.

)

PART I - INCOME AND EXPENSES

(Under income and expenses, give actual amounts where known or ascertainable, otherwise,give estimates)

1. Monthly Income (include income from all sources whether taxable or not)

Total gross employment income from all sources $ *.00

Child Tax Credit

Employment Insurance

Worker's Compensation

Pension (Specify)

Public assistance

Investment Income

Rental Income

Other (specify)

Total Income from all sources $ .00

LESS DEDUCTIONS:

Income Tax $ .00

Unemployment Insurance .00

Canada Pension Plan .00

Union dues .00

Employer Pension .00

Group Insurance .00

Payroll Savings Plan

Life Insurance .00

Total Deductions: $ .00

2. Actual Monthly Expenses

- 2 -

HOUSING: TOTALSHARE

Mortgage (principal & interest) $ .00

Common Expense Charges

Property tax .00

Property insurance .00

Telephone (rental; cell; internet; long distance) .00

Water .00

Electricity .00

Natural gas

Heating .00

Cable TV .00

Repairs and Maintenance .00

Other (specify)

TOTALHEALTH & MEDICAL: SHARE

Insurance $

Drugs .00

Dental and Eyecare

Other (specify)

DEBT PAYMENTS: TOTAL SHARE

Credit Card Payments (minimum; usually pay-off balance) $ .00

Car Payment

Bank Loan (Quick Line) .00

Other Loans (specify)

)

.,)

)

- 3 -

TRANSPORTATION: TOTAL SHARE

Public transit, etc. $ .00

Car expenses- gas & oil .00- repairs .00- drivers license .00- plate insurance .00- package policy .00

Parking

Other (specify)

EDUCATION & RECREATION TOTAL SHARE

Entertainment & Recreation $ .00

Pets

Vacation .00

Gifts .00

School fees, etcetera .00

Alcohol, tobacco

Newspapers, periodicals

Children's allowances, activities, lessons .00

MISCELLANEOUS EXPENSES: TOTAL SHARE

Banking, legal, accounting .00

Life Insurance .00- Self - $50.00- Children - $60.00

Church, charities (in the past $350.00 per month) .00

Babysitting, daycare

Support for others

Professional dues

Income tax, pension contributions, unemployment insurance (notdeducted from income)

- 4 -

Savings for the future, RRSP (excluding payroll deductions) (basedupon past practice. Was $300.00 per month)

Food, groceries and household supplies

Meals outside the home

Hairdresser, barber

Toilet articles (shampoo, toothpaste, etc)

Clothing, footwear

Laundry, drycleaning

Miscellaneous

TOTAL ACTUAL M.O.••·.••.•·.·..·.N...·•·.....·.·..·.T..:..•.:·..·...H.·.••.•·..•.·.•:.t.·.·..:..•.y.·...:.:.. ·.·.·....•..·.•·.••.E.•·.·..·.:.•..x.••.·..·.•·.•·.··.p.·..:.·..•.•...·.E..·.·....··.NSESH)H•••••••••t81 m•• ··:·i

.•• \((.:••••• :::::.:"." '". '.'. '.' - -.: ;.:...;.; :.;.: ;.:.;.;.:.;.;.:.:.; :.:.;.; :.;.;.:.:.;.:.:.;.:.:.: ~ffji~{frfr~?:;

PART II • ASSETS AND DEBTS

3. Assets

$

.00

.00

.00

.00

.00

CATEGORY PARTICULARS * ESTIMATEDMARKET VALUE

Matrimonial home 1254 * * *, REGINA, Saskatchewan $ .00- Joint

Real Estate (inc leases, mtgs)

Car 1995 Ford Taurus - Husband .001990 V W Van - Wife

Other vehicles, boats

Furniture, appliances .00

Household effects, clothing, art, .00jewellery

SAVINGS AND PENSIONS:

Cash

Bank Accounts * * *Joint - Sherwood Credit Union .00Husband - Sherwood Credit Union,Sherwood Village Mall Branch - unknownWife - Bank of Nova Scotia

RRSP's Husband, Wife .00

Pension Funds - work*** Husband .00

Canada Savings Bonds

Deposit Receipt

Securities (shares, bonds,options, debentures, notes)

Accounts Receivable

Life Insurance

Business Interests

Equipment, machinery

Crops on hand

Property disposed of within 2yrs

Property situated outside ofSask.

- 5 -

$

*

*****

4.

Based on my best current estimate and subject to change upon receipt of an appraisal.or on further reflection.Respondent withdrew $800.00 from this account.I had worked for four years prior to marriage and had accumulated pension benefits forwhich"an exemption is claimed.

Debts

(give particulars and amounts owing on mortgages, loans, credit cards and include contingentliabilities such as guarantees. Show the identity of property affected by any charges)

DEBT CATEGORY PARTICULARS AMOUNT OWING

Mortgage Sherwood Credit Union - Joint $ .00

)

Taxes City of Regina - Joint

Bank Loan - water softener Sherwood Credit Union - Joint

Credit Card Bank of Montreal - Joint

Retail Store - furniture Centennial Furniture (Avco) - Joint

!:mell~:·:I~!~§:::::::::::,g~:::::::::::[:.l·:::::::::::i:·:[[[l:::::[·i;

.00

.00

.00

.00

SUMMARY

MONTHLY INCOME (A)

MONTHLY EXPENSES (B)

BALANCE:

TOTAL PROPERTY (C)

TOTAL DEBTS (D)

- 6 -

$

-$

$

.00

.00]

.00

.00

.00]

'j

TAB "3"D.I.V. No. 3c>/

CANADAPROVINCE OF SASKATCHEWAN

PETITION

IN THE QUEEN'S BENCH(FAMILY LAW DIVISION)

JUDICIAL CENTRE OF REGINA

BETWEEN:

JAMIE

of 1997.

PETITIONERAND:

DONALD

RESPONDENTNOTICE TO RESPONDENT

A LEGAL PROCEEDING HAS BEEN COMMENCED by filing this Petition. The claim made against you appears in) the following pages.

IF YOU WISH TO DISPUTE ANY OF THE CLAIMS. OR IF YOU WISH TO MAKE ANY CLAIM YOURSELF, eitheryou or a lawyer acting on your behalf must prepare an Answer in Form 64 or an Answer and Counter·Petition in Form 65.serve it on the petitioner or the petitioner's lawyer, and file it. with proof of service. in this court office WITHIN 20 DAYSafter this Petition is served on you, where you are served in Saskatchewan.

If you are served elsewhere in Canada or in the United States. the period for serving and filing your answer is30 days. If you are served outside Canada and the United States. the period is 40 days.

Before serving and filing an answer, you may serve and file a Notice of Intent to Answer. This will entitle youto ten more days within which to serve and file your answer.

If this Petition contains a claim for support, maintenance, custody of a child or division of property, you mustserve and file a Financial Statement in Form 67 within the time set out above for serving and filing your answer, whetheror not you wish to file an answer.

IF YOU FAIL TO SERVE AND FILE AN ANSWER A JUDGMENT MAY BE GRANTED IN YOUR ABSENCE ANDWITHOUT FURTHER NOTICE TO YOU ON ANY CLAIM IN THIS PETITION, INCLUDING DISSOLUTION OF YOUR MARRIAGEAND DIVISION OF YOUR PROPERTY.

If you do not oppose or dispute the Petition, but wish to be informed of subsequent steps in the action, you mayserve and file a Demand for Notice in.form 10 an~ thereafter notice of all subsequent pleadings or proceedings shall beserved on you.

IF THE PETITION SEEKS A DIVORCE. NEITHER SPOUSE IS FREE TO REMARRY until a judgment of divorce takeseffect.

This Petition is to be served within 6 months from the date on which it is issued, unless ordered otherwise.

) ._------!~i~.":::~ition is issued at Regina. in the Province of Saskatchewan, this~ day of MA\f

~ .__!._~.E_.AL)_."".--. ~ P~~,~:=~~~R~ ~ Local Registrar.

,1997.

)I

)/

TAB "4-1"

** APPLICATION TO HAVE PETITION ISSUED WIO MARRIAGE CERTIFICATE** ALSO REQUIRE **MARRIAGE.ORD ** MARRIAGE.UNO **

"STYLE OF CAUSE"

MEMORANDUM

THIS IS AN EX PARTE APPLICATION for the following relief:

1. An Order pursuant to Queen's Bench Rule 586(4) dispensing with the filing

of a Certificate of Marriage at the time of issuing the within Petition;

There are filed in support of this application the following:

a) Petition;

b) Undertaking of Counsel; and

c) Draft Order.

DATED at Regina, in the Province of Saskatchewan, this day of

November, 199 * .

GATES & COMPANY

Solicitors for the Applicant(Petitioner) .

This document was delivered by:

GATES & COMPANYBarristers & SolicitorsAvonhurst Plaza31 32 Avonhurst DriveRegina, SaskatchewanS4R 3J7

and the address for service is the same as above.

\I

Lawyer in charge of the file:Telephone:

SHERRI A. CYBULSKI(306) 949-5544

TAB "4-2"

"STYLE OF CAUSE"

UNDERTAKING OF COUNSEL

I, * * *, Counsel for the petitioner, * * * * * * * *, undertake that we have this

day requisitioned a Certificate of Marriage between * * * * * * * * and * * * * * * * * *,

from the Department of Vital Statistics in Regina, Saskatchewan. I further

undertake that we will file the said Certificate of Marriage with the Saskatchewan

Court of Queen's Bench upon receipt.

DATED at Regina, Saskatchewan, this day of , 199*.

GATES & COMPANY

Per: _

Solicitors for the Petitioner,*********

This document was delivered by:

GATES & COMPANYBarristers and SolicitorsAvonhurst Plaza3132 Avonhurst DriveREGINA, SaskatchewanS4R 3J7

and the address for service is the same as above.

)

Lawyer in charge of the file:Telephone:

***(306) 949-5544

TAB "4-3"

"STYLE OF CAUSE"

ORDER

BEFORE THE HONOURABLEJUSTICE

IN CHAMBERS

ON _----'D=A:..:,Y...:..., THE___ DAY OF

, 199*-----

)

UPON THE APPLICATION of counsel on behalf of the applicant (petitioner)

and upon hearing read the petition, the Memorandum, Undertaking of Counsel,

Draft Order, and the pleadings and proceedings had and taken herein, all filed:

1. IT IS HEREBY ORDERED AND ADJUDGED THAT the filing of a Certificate

of Marriage at the time of issuing the within petition is hereby dispensed with

pursuant to Queen's Bench Rule 586(4).

ISSUED at Regina, Saskatchewan, this day of , 199*.

(seal)Local Registrar

TAKE NOTICE THAT every Order made without notice to the respondent or aperson affected by the order, except where such order is consented to by therespondent or a person affected by the order, or is otherwise authorized by law,may be set aside or varied on application to the Court. You should consult yoursolicitor as to your rights.

This document was delivered by:

GATES & COMPANYBarristers & SolicitorsAvonhurst Plaza3132 Avonhurst DriveRegina, SaskatchewanS4R 3J7

and the address for service is the same as above.

Lawyer in charge of the file:Telephone:

SHERRI A. CYBULSKI(306) 949-5544

TAB "5"

**STYLE OF CAUSE**

AFFIDAVIT OF IDENTITY

I, * * *, of Regina, Saskatchewan, MAKE OATH AND SAY AS FOLLOWS:

1. THAT I am the petitioner in the within proceedings and as such have

personal knowledge of the matters and facts hereinafter deposed to.

2. THAT my husband, the proposed respondent herein, * * *, is one and the

same person as * * * referred to in the Marriage Certificate No. * * * I attached

hereto and marked as exhibit "A" to this my Affidavit.

3. THAT I make this Affidavit for the purpose of having issued the within

petition for divorce of * * * and * * * .

SWORN BEFORE ME at ReginaSaskatchewan, this _day of I 19* * .

)

)

)

)

--------------)A COMMISSIONER FOR OATHS in andfor the Province of Saskatchewan.My Commission expires: _BEING A SOLICITOR.

***

- 2 -

This document was delivered by:

GATES & COMPANYBarristers and SolicitorsAvonhurst Plaza31 32 Avonhurst DriveREGINA, SaskatchewanS4R 3J7

and the address for service is the same as above.

Lawyer in charge of file:Telephone:

***(306) 949-5544.

)

)

TAB "6-1"

D.1.V./F.L.D. No. * * * of 19* *.

IN THE QUEEN'S BENCH FOR SASKATCHEWAN(Family Law Division)

JUDICIAL CENTRE OF REGINA

BETWEEN:

*** ,

Applicant (Petitioner)

AND:*** ,

Respondent

MEMORANDUM

THIS is an ex parte application for the following relief:

1. An Order pursuant to Queen's Bench Rule 586(4) dispensing with the need

to file a Marriage Certificate.

2. Filed in support of this application are the following:

a) Petition;

b) Affidavit of ************* ; and

c) Draft Order.

DATED at Regina, Saskatchewan, this day of , 19* *.

GATES & COMPANY

Per: _

Solicitor for the * * *, ***

- 2 -

This document was delivered by:

GATES & COMPANYBarristers and SolicitorsAvonhurst Plaza31 32 Avonhurst DriveREGINA, SaskatchewanS4R 3J7

and the address for service is the same as above.

Lawyer in charge of file:Telephone:

***(306) 949-5544.

)

TAB "6-2"

D.I.V./F.L.D. No. *** of 19**.

IN THE QUEEN'S BENCH FOR SASKATCHEWAN(Family Law Division)

JUDICIAL CENTRE OF REGINA

BETWEEN:

***,

Applicant (Petitioner)

AND:

***,Respondent

AFFIDAVIT OF PETITIONER TODISPENSE WITH MARRIAGE CERTIFICATE

1. THAT I am the applicant (petitioner) herein and as such have personal

knowledge of the matters and facts hereinafter deposed to except where stated

to be based on information and belief and where so stated I do verily believe the

same to be true.

2. THAT following my marriage to the respondent, I assumed the surname" *" .

Since we separated I have reverted to my maiden name of *.

3. THAT the respondent and I were married to each other on * * *. We were

married at * * *. We were married at * * * (city) * * *. The two witnesses to our

marriage were * * *, and * * * .

4. THAT the respondent and I fled * * * due to the political unrest there, in

***

- 2 -

I do not believe it will be possible for me to obtain a marriage certificate

from * * *. I did not bring any documentation which would serve as proof of my

marriage in * * * .

5. THAT I make this affidavit in support of my application to this Court to

dispense with the requirement to file a marriage certificate in conjunction with my

claim for a judgment of divorce.

SWORN BEFORE ME at ReginaSaskatchewan, this _day of , 19* *.

))))

--------------)A COMMISSIONER FOR OATHS in andfor the Province of Saskatchewan.My Commission expires: _BEING A SOLICITOR.

This document was delivered by:

GATES & COMPANYBarristers and SolicitorsAvonhurst Plaza31 32 Avonhurst DriveREGINA, SaskatchewanS4R 3J7

***

and the address for service is the same as above.

Lawyer in charge of file:Telephone:

***(306) 949-5544.

)

TAB "6-3"

D.I.V./F.L.D. No. *** of 19**.

IN THE QUEEN'S BENCH FOR SASKATCHEWAN(Family Law Division)

JUDICIAL CENTRE OF REGINA

BETWEEN:

*** ,

Applicant (Petitioner)

AND:

*** ,Respondent

ORDER

BEFORE THE HONOURABLE***. JUSTICE ***IN CHAMBERS

)

)

)

_______ DAY,THE DAY OF_____,19_

Upon the application of counsel for the applicant (petitioner), and upon

reading the Affidavit of * * * * * * * * * * * * and the pleadings and proceedings had

and taken herein:

1. IT IS HEREBY ORDERED pursuant to Queen's Bench Rule 586(4) that the

petitioner, having filed satisfactory proof of the date and place of marriage, need

not file a Certificate of Marriage.

ISSUED at Regina, Saskatchewan, this __ day of March, 199_

(seal)Local Registrar

- 2 -

This document was delivered by:

GATES & COMPANYBarristers and SolicitorsAvonhurst Plaza31 32 Avonhurst DriveREGINA, SaskatchewanS4R 3J7

and the address for service is the same as above.

Lawyer in charge of the file:Telephone:

***(306) 949-5544

TAB "7"D.I.V./F.L.D. No. *** of 19**.

IN THE QUEEN'S BENCH FOR SASKATCHEWAN(Family Law Division)

JUDICIAL CENTRE OF REGINA

BETWEEN:

*** ,

Petitioner

AND:

*** ,

Respondent

AFFIDAVIT OF PERSONAL SERVICE

I, , of Regina, Saskatchewan,__

(occupation), MAKE OATH AND SAY AS FOLLOWS:

1. On the day of , 199_, I personally served the

respondent, * * *, with a true copy of the Petition and attached Financial

Statement by leaving a true copy with him/her at * * * .

2 . THAT I have been informed by * * * , the solicitor for the petitioner, and do

verily believe, that an original or true copy of the Petition which was served as

provided for in clause 1 above, was filed with the Local Registrar's Office, Court

of Queen's Bench, Judicial Centre of Regina, on the * * * day of * * *, 199* .

3. My means of knowledge as to the identity of the respondent are as follows:

(a) He/She is my client in this proceeding *or* he/she showed me twopieces of identification.

) (b) He/She acknowledged to me that he/she is the respondent named

- 2 -

herein, and the proper person to be served, and I did verily believehim/her.

4. The postal address of the respondent is * *street address * * * *city* *,

Saskatchewan S4....

**OR**

4. The postal address of the respondent is: The respondent refused to provide

me with his/her mailing address.

5. The basis of my information and belief as to the postal address of the said

respondent is he/she has so informed me, and I did verily believe him/her.

6. To effect service I necessarily travelled kilometres.

SWORN BEFORE ME at ReginaSaskatchewan, this _day of , 19* *.

))

)

)

--------------,)A COMMISSIONER FOR OATHS in andfor the Province of Saskatchewan.My Commission expires: _BEING A SOLICITOR.

This document was delivered by:

GATES & COMPANYBarristers and SolicitorsAvonhurst Plaza31 32 Avonhurst DriveREGINA, SaskatchewanS4R 3J7

***

and the address for service is the same as above.

Lawyer in charge of file:Telephone:

***(306) 949-5544.

f2~~~i;p%~",,;tG~fu~~'COMPANYu

BARRISTERS AND SOLICITORS

RONALD G. GATES, B.A., LL.B.SHERRI A. CYBULSKI, LL.B.LoRNA J. NYSTUEN, B.A., LL.B.GEORGE V. PEACOCK, Q.C.GAIL D. WARTMAN, B.A., LL.B.SHELDON M. STENER, B.A., LL.B.TERESA E. HARRIES, B.A., LL.B.OWEN M. RICE, B.A., LL.B., STUDENT-AT-LAW

April 3, 1998

OTHER LAW FIRM

Regina, Saskatchewan

Attention:

Dear Sir/Madam:

Re:Divorce ProceedingsYour file: .Our file: .

TAB "8-1"

AVONHURST PLAZA3132 A VONHURST DRIVE

REGINA, SASKATCHEWAN S4R 317

TELEPHONE: (306) 949-5544FAX: (306) 775-2995

This letter serves to advise that we have been contacted by the respondent, * * * * , and havebeen provided with a copy of the Petition and Financial Statement, which you served uponhim/her. At this time, we would request your undertaking not to note us in default of ananswer, without prior reasonable notice. We anticipate being in a position to respond to theissues raised in the Petition in the near future.

Yours truly,

GATES & COMPANY

Per:

Sherri A. Cybulski

SAC.

)

)BARRISTERS AND SOLICITORS

RONALD G. GATES, B.A., LL.B.SHERRI A. CYBULSKI, LL.B.LORNA J. NVSTUEN, B.A., LL.B.GEORGE V. PEACOCK, Q.C.GAIL D. WARTMAN, B.A., LL.B.SHELDON M. STENER, B.A., LL.B.TERESA E. HARRIES, B.A., LL.B.OWEN M. RICE, B.A., LL.B., STUDENT-AT-LAW

April 3, 1998

OTHER LAW FIRM

Regina, Saskatchewan

Attention:

Dear Sir/Madam:

Re:Divorce ProceedingsYour file: .Our file: .

TAB "8-2"

A VONHURST PLAZA3132 AVONHURSTDRIVE

REGINA, SASKATCHEWAN S4R 317

TELEPHONE: (306) 949-5544FAX: (306) 775-2995

We wish to acknowledge receipt of your letter dated * * * * *, 19_. We would confirm thatwe will not note you in default of an answer without prior reasonable notice, and we lookforward to receipt of your response to the issues raised in the Petition, together with yourclient's Financial Statement, in the near future.

Yours truly,

GATES & COMPANY

Per:

Sherri A. Cybulski

SAC.

\/

TAB "9"

D.I.V./F.L.D. No. *** of 199**.

IN THE QUEEN'S BENCH FOR SASKATCHEWAN(Family Law Division)

JUDICIAL CENTRE OF REGINA

BETWEEN:

*** ,Petitioner/Respondent by Counter-Petition

AND:

*** ,

Respondent/Petitioner by Counter-Petition

ANSWER

1. The respondent, ***, denies each and every allegation contained in the

Petition, except where herein specifically admitted.

2. The said respondent admits the allegations contained in paragraphs 2, 5

through 9, inclusive, 11 through 15, inclusive, 17, 18, 29, and 30 of the Petition.

3. In reply to paragraph 17 of the Petition, the respondent's address at this

time is 1326 * * * * * Street, REGINA, Saskatchewan.

4. The respondent puts in issue the amount of child support to which the

petitioner is entitled.

5. The respondent specifically denies that the petitioner owned matrimonial

property at the date of marriage as alleged.

- 2 -

6. The Financial Statement of the respondent in form 67 is attached hereto.

COUNTER-PETITION

1. The petitioner by counter-petition, * * *, hereby claims the following relief:

[here you would incorporate the standard Petition starting at the heading

"CLAIM". Simply ensure that you indentify the parties as the petitioner by

counter-petition and respondent by counter-petition].

- 3 ­

STATEMENT OF LAWYER

I, Sherri A. Cybulski, the lawyer for * * *, the petitioner by counter-petition,

herein certify to this Court that I have complied with the requirements of:

Subsection 9( 1) of the Divorce Act with respect to reconciliation andsubsection 9(2) of the Divorce Act, with respect to negotiation andmediation.

Section 14 of The Family Maintenance Act with respect tonegotiation and mediation.

Section 13 of The Children's Law Act with respect to negotiationand mediation.

DATED at Regina, Saskatchewan, this day of , 199_.

GATES & COMPANY

Per: _Sherri A. Cybulski

This document was delivered by:

GATES & COMPANYBarristers and SolicitorsAvonhurst Plaza3132 Avonhurst DriveREGINA, SaskatchewanS4R 3J7

and the address for service is the same as above.

Lawyer in charge of file:Telephone:

***(306) 949-5544.

)

)

TAB "10"

Service of a true copy hereof admitted this__ day of , 199_"

**LAWFIRM**

Per:

Solicitors for the ****

RONALD G. GATES, B.A., LL.B.SHERRI A. CYBULSKI, LL.B.LORNA J. NYSTUEN, B.A., LL.B.GEORGE V. PEACOCK, Q.c.GAIL D. WARTMAN, B.A., LL.B.SHELDON M. STENER, B.A., LL.B.TERESA E. HARRIES, B.A., LL.B.OWEN M. RICE, B.A., LL.B., STUDENT-AT·LAW

TAB "11"

AVONlRJRST PLAZA3132 AVONlRJRST DRIVE

REGINA, SASKATCHEWAN S4R 317

TELEPHONE: (306) 949-5544FAX: (306) 775-2995

** THE ATTACHED DOCUMENTS ARE HEREBY SERVED **SERVICE BY FACSIMILE - Q.B.R. 28Arn

FAX NUMBER CALLED:

TO (NAME OF LAWYER):

OF (NAME OF LAW FIRM):

FROM (NAME OF LAWYER):

RE:

pOCUMENTS ATTACHED FOR SERVICE:

1.2.

OUR FILE NUMBER:

YOUR FILE NUMBER:

NUMBER OF PAGES (including cover sheet):

DISPOSITION OF ORIGINALS:

X

DATE SENT:

TIME SENT:

DIV/FLD No.: __--=d....::1.=!B~

OUR FILE NAME:

Retained on our File

FILED WITH COURT

NOTE: If you encounter any problems with the transmission or do not receive the number of

pages indicated contact:

Name of Sender at (306) 949-5544

THE INFORMATION CONTAINED IN TillS FACSIMILE MESSAGE IS PRIVILEGED AND CONFIDENTIAL

INFORMATION INTENDED FOR THE USE OF THE ADDRESSEE LISTED ABOVE AND NO ONE ELSE. IF YOU

ARE NOT THE INTENDED RECIPIENT OR THE EMPLOYEE OR AGENT RESPONSmLE TO DELIVER THIS

I~ESSAGETO THE INTENDED RECIPIENT, PLEASE DO NOT USE TillS TRANSMISSION IN ANY WAY, BUT

CONTACT THE SENDER BY TELEPHONE.

)

TAB" 12-1"D.I.V./F.L.D. No. * * * of 19* *.

CANADAPROVINCE OF SASKATCHEWAN

AMENDEDPETITION

January 1.1998, pursuant to Queen's Bench Rule 165 **or**January 1, 1998, with consent of all parties pursuant to Queen's Bench Rule 165* * or* * Pursuant to court Order granted January 1, 1998, in accordance withQueen's Bench Rule 165

IN THE QUEEN'S BENCH(Family Law Division)

JUDICIAL CENTRE OF REGINA

BETWEEN:*** ,

PetitionerAND:

*** ,Respondent

NOTICE TO RESPONDENT

A LEGAL PROCEEDING HAS BEEN COMMENCED by filing this Petition. The claim made against you appears inthe following pages.

IF YOU WISH TO DISPUTE ANY OF THE CLAIMS, OR IF YOU WISH TO MAKE ANY CLAIM YOURSELF, eitheryou or a lawyer acting on your behalf must prepare an Answer in Form 64 or an Answer and Counter-Petition in Form 65,serve it on the petitioner or the petitioner's lawyer, and file it, with proof of service, in this court office WITHIN 20 DAYSafter this Petition is served on you, where you are served in Saskatchewan.

If you are served elsewhere in Canada or in the United States, the period for serving and filing your answer is30 days. If you are served outside Canada and the United States, the period is 40 days.

Before serving and filing an answer, you may serve and file a Notice of Intent to Answer. This will entitle youto ten more days within which to serve and file your answer.

If this Petition contains a claim for support, maintenance, custody of a child or division of property, you mustserve and file a Financial Statement in Form 67 within the time set out above for serving and filing your answer, whetheror not you wish to file an answer.

IF YOU FAIL TO SERVE AND FILE AN ANSWER A JUDGMENT MAY BE GRANTED IN YOUR ABSENCE ANDWITHOUT FURTHER NOTICE TO YOU ON ANY CLAIM IN THIS PETITION, INCLUDING DISSOLUTION OF YOUR MARRIAGEAND DIVISION OF YOUR PROPERTY.

If you do not oppose or dispute the Petition, but wish to be informed of subsequent steps in the action, you mayserve and file a Demand for Notice in form 10 and thereafter notice of all subsequent pleadings or proceedings shall beserved on you.

IF THE PETITION SEEKS A DIVORCE, NEITHER SPOUSE IS FREE TO REMARRY until a judgment of divorce takeseffect.

This Petition is to be served within 6 months from the date on which it is issued, unless ordered otherwise.

This Petition is issued at Regina, in the Province of Saskatchewan, this "12th" day of June, 199"8" .

"DY. GORDON DAUNCEY""SEAL"

Local Registrar

TAB "12-2"

TO THIS HONOURABLE COURT:

CLAIM

1. I hereby ask this Honourable Court for the following relief:

a. Divorce Act:

X Divorce

x

x

Joint Custody

Sole Custody

x

x

Access - defined tothe respondent

Access - defined tothe respondent

X Support for myself in an amount to be determined bythis Court

X Support for my children in accordance with theGuidelines

b. The Matrimonial Property Act:

X Exclusive possession of matrimonial home

X Division of matrimonial home:

X equal ___ unequal

X Division of matrimonial property:

X equal x unequal

- 2 -

IN THE CIRCUMSTANCES set out below:

PARTICULARS

2. There has been a breakdown of the marriage as established by:

- Section 8(2)(a) of the Divorce Act-- Section 8(2)(b)(i) of the Divorce Act-- Section 8(2)(b)(ii) of the Divorce Act-

3. The facts on which my petition is based are:

- The parties have been living separate and apart since on**in** or about............. , 199_.

- The respondent has had sexual intercourse with a female/male person whois not the petitioner.

- The respondent has struck me with his/her fist on several occasions; hasridiculed me, in the presence of relatives for not earning enough money; hasspit on me; has broken items of a personal nature to me; and hasthreatened to kill me.

4. My grounds for claiming that an equal distribution of the matrimonial homeor matrimonial property would be unfair and inequitable are as follows:

AfaIt has been over two years since the parties separated and courtproceedings were commenced. No support has been provided for thechildren of the marriage. The petitioner, therefore, seeks an unequaldivision of matrimonial property to compensate for the fact that he/she hashad to solely support the children. The petitioner pleads and will rely onsection 21 (2)(c)(m)(q) the The Matrimonial Property Act.

... continue with standard form

)

BETWEEN:

AND:

TAB" 13"

D.I.V./F.L.D. No. *** of 19**.

IN THE QUEEN'S BENCH FOR SASKATCHEWAN(Family Law Division)

JUDICIAL CENTRE OF REGINA

*** ,Applicant

(Petitioner/Respondent by Counter-Petition)

***,

Respondent(Respondent/Petitioner by Counter-Petition)

NOTICE OF MOTION

TAKE NOTICE that an application will be made to the presiding judge

)

TAB" 14-1"

D.I.V./F.L.D. No. * * * of 19* *.

IN THE QUEEN'S BENCH FOR SASKATCHEWAN(Family Law Division)

JUDICIAL CENTRE OF REGINA

BETWEEN:

***,

Applicant (Petitioner)

AND:

*** ,

Respondent

MEMORANDUM TO JUDGE

This is an ex parte application for the following relief:

1. For an Order pursuant to Queen's Bench Rule 447 and/or 592(2), abridging

the time for service of the Notice of Motion, and specifically, allowing service of

the Notice of Motion in the form of the draft Notice of Motion filed herein, to be

effected upon the respondent, the morning of Monday, February 16, 1998, and

providing further that the applicant shall be entitled to proceed with her motion on

Wednesday, February 18, 1998, or such other date as the court, on that date,

may direct, provided that the Notice of Motion is served on the respondent no

later than noon, Monday, February 16, 1998.

ON THE FOLLOWING GROUNDS:

1. The applicant and the children have vacated the matrimonial home due to

the alcoholism and volatile nature of the respondent. It is imperative that this

- 2 -

application get before the court as quickly as possible in order that the applicant

and the children can return to the matrimonial home and obtain financial support

from the respondent.

AND FURTHER TAKE NOTICE that in support of this application is filed the

following:

a. A ffidavit of * * * * * * * * * * * * .

b. Draft of the Notice of Motion.

c. Draft Order.

d. Pleadings and proceedings on file.

DATED at Regina, Saskatchewan, this __ day of * * * * * * * * * * * * * * *,199

GATES & COMPANY

Per:--------------Solicitors for the ApplicantThis document was prepared by:

GATES & COMPANYBarristers and SolicitorsAvonhurst Plaza31 32 Avonhurst DriveREGINA, SaskatchewanS4R 3J7

whose address for service is same as above.

Lawyer in charge of file:Telephone:

***(306) 949-5544

TAB" 15"D.I.V./F.L.D. No. *** of 19**.

IN THE QUEEN'S BENCH FOR SASKATCHEWAN(Family Law Division)

JUDICIAL CENTRE OF REGINA

BETWEEN:

*** ,

Petitioner

AND:

***,

Respondent

JOINT REQUEST FOR PRE-TRIAL CONFERENCE

THE SOLICITORS BY THEIR SIGNATURES HERETO:

) (i) Certify that they are ready for pre-trial conference and thereafter for trial,

and that they have taken all steps required by Rules 191 (1) and (2) and any

other steps they deem necessary prior to pre-trial conference and trial.

(ii) Confirm that settlement efforts have been made.

(iii) a) Counsel for all parties estimate the TOTAL required time for pre-trialconference to be hours.

b) Counsel for the petitioner estimate the time required to present theircase at trial to be days. (in Court days)

c) Counsel for the respondent estimate the time required to presenttheir case at trial to be days. (in Court days)

d) Counsel for all parties estimate the TOTAL required time for trial tobe days. (**in Court days**)

)

- 2 -

e) Counsel for the petitioner is available to conduct the pre-trialconference on the following dates:

OR

on any date after _

except

f) Counsel for the respondent is available to conduct the pre-trialconference on the following dates:

OR

on any date after _

except

g) Based on the complexity of the file, counsel estimate the readingtime for the pre-trial judge to prepare for the pre-trial is _

h) Have the applicable mediation requirements of ss. 54.1 or 54.2 ofThe Queen's Bench Act been complied with? _

OR

This action is exempt from these sections because _

(iv) a) Counsel for the petitioner estimate they will call witnessesat trial.

'>

.J

b)

- 3 -

Counsel for the respondent estimate they will call witnessesat trial.

DATED at Regina, Saskatchewan, this day of _199* *.

GATES & COMPANY

Per:-----------Solicitors for the * * *Telephone No: _

DATED at Regina, Saskatchewan, this day of -1.

**OTHER LAW FIRM**

Per:-----------Solicitors for the * * *Telephone No: _

This document was delivered by:

GATES & COMPANYBarristers and SolicitorsAvonhurst Plaza3132 Avonhurst DriveREGINA, SaskatchewanS4R 3J7

and the address for service is the same as above.

Lawyer in charge of the file:Telephone:

***(306) 949-5544

)

)

TAB "16-1"

* *THIS IS THE FORM AND LETTER TO BE COMPLETED WHERE YOU HAVEREQUESTED OPPOSING COUNSEL TO EXECUTE A JOINT REQUEST FORPRETRIAL AND THEY HAVE FAILED TO RESPOND**

* see accompanying letter as TAB "16-2"

D.J.V./F.L.D. No. *** of 19**.IN THE QUEEN'S BENCH FOR SASKATCHEWAN

(Family Law Division)

JUDICIAL CENTRE OF REGINA

BETWEEN:*** ,

Petitioner/Respondent by Counter-Petition

AND:***,

Respondent/Petitioner by Counter-Petition

CERTIFICATE OF LAWYER

I, *, solicitor for the *, confirm that on * , I requested counsel for the *, to

execute a Joint Request for Pre-Trial Conference. I have received no response to

my request within the past 20 days and I have not been provided with any

reasons for this failure. (or on * I received by facsimile a Notice of Withdrawal of

Solicitor)

DATED at Regina, Saskatchewan, this of *, 19*.

GATES & COMPANY

Per:-------------Solicitors for the * *

- 2 -

This document was delivered by:

GATES & COMPANYBarristers and SolicitorsAvonhurst Plaza3132 Avonhurst DriveRegina, Saskatchewan, S4R 3J7

Address for service: same as above

Lawyer in charge of file:Telephone:

***(306) 949-5544

BARRISTERS AND SOLICITORS

) TAB "16-2"

* see accompanying Certificate to be filed TAB "16-1"

RONALD G. GATES, B.A., LL.B.SHERRI A. CYBULSKI, LL.B.LORNA J. NVSTUEN, B.A., LL.B.GEORGE V. PEACOCK, Q.C.GAIL D. WARTMAN, B.A., LL.B.SHELDON M. STENER, B.A., LL.B.TERESA E. HARRIES, B.A., LL.B.OWEN M. RICE, B.A., LL.B., STUDENT-AT-LAW

April 3, 1998

Local RegistrarCourt of Queen's Bench2425 Victoria AvenueRegina, SaskatchewanS4P 3V7

Dear Sir/Madam:

)RE: * and *F.L.D. No. * of 19*Our File: *

AVONHURST PLAZA3132 AVONHURST DRIVE

REGINA, SASKATCHEWAN S4R 3J7

TELEPHONE: (306) 949-5544FAX: (306) 775-2995

Delivered via Courier

Enclosed please find a Certificate of Lawyer, which is filed pursuant to Rule 191 (9A) of theQueen's Bench Rules. I would therefore request the Local Registrar set this matter on thenext Monday for the scheduling of a date for Pre-Trial Conference and thereafter contact meto confirm arrangements. If you should have any additional questions or concerns, please donot hesitate to contact me at your convenience.

Yours truly,

GATES & COMPANY

Per:

Sherri A. Cybulski

SAC/dmpEnclosure

)

)

TAB" 17"

* * REQUIRE COVER PAGE ENTITLED "CERTIFIED COPY OF PLEADINGS" -- THENCOMES THE PLEADINGS THEMSELVES -- THEN THE FOLLOWING CERTIFICATEIS INSERTED AS THE LAST PAGE * *

* * NOTE: TO BE FILED AT SAME TIME AS JOINT REQUEST FOR TRIAL DATE

* * PLEADINGS INCLUDE: Petition, Answer, Answer and Counter-Petition; Demandfor Particulars, and Reply

* * PLEADINGS DO NOT INCLUDE: Affidavit of Service; Statements as toDocuments; the Notice to Respondent cover page; Notice of Intention to ... ; anyNotices of Motion or Affidavits or Orders

* * DO NOT INCLUDE NOTICE TO RESPONDENT FROM PETITION ... STARTDOCUMENT AT PAGE "CLAIM" ... AT TOP OF THIS PAGE TYPE:

THIS PETITION WAS ISSUED ON THE ** DAY OF **,199

-2-

TO THIS HONOURABLE COURT:

Petition was issued January 1, 1998.

CLAIM

1. I hereby ask this Honourable Court for the following relief:

(a) Divorce Act:

X Divorce

x Custody x Access -defined to therespondent

Support for myself in an amount to bedetermined by this Court

x Support for my children in an amount to bedetermined by this Court

(b) The Matrimonial Property Act:

Exclusive possession of matrimonial home

Division of matrimonial home:

___ equal ___ unequal

Division of matrimonial property:

___ equal

(c) The Children's Law Act:

___ unequal

" x Custody x Access - defined to theRespondent

Guardianship of property of children

Declaration of parentage

Other

- 3-D.I.V./F.L.D. No. * * * of 19* *.

IN THE QUEEN'S BENCH FOR SASKATCHEWAN(Family Law Division)

JUDICIAL CENTRE OF REGINA

BETWEEN:*** ,

Petitioner

AND:*** ,

Respondent

CERTIFICATE

I, * * , of Regina, Saskatchewan, solicitor for the petitioner herein do hereby

certify the foregoing to be true and correct copies of the pleadings in this action.

DATED at Regina, Saskatchewan, this __ day of , 199* .

GATES & COMPANY

Per:-------------Solicitors for the Petitioner,****

This document was delivered by:

GATES & COMPANYBarristers and SolicitorsAvonhurst Plaza3132 Avonhurst DriveREGINA, SaskatchewanS4R 3J7

and the address for service is the same as above.Lawyer in charge of the file: *****Telephone: (306) 949-5544

TAB "18"

D.I.V.lF.L.D. No. *** of 19**.

IN THE QUEEN'S BENCH FOR SASKATCHEWAN(Family Law Division)

JUDICIAL CENTRE OF REGINA

BETWEEN:

*** ,

PetitionerAND:

*** ,

Respondent

AFFIDAVIT OF RESPONDENT

I, ***, of Regina, Saskatchewan, * **(occupation), MAKE OATH AND SAY

AS FOLLOWS:

1. THAT I am the respondent in this proceeding and as such have personal

knowledge of the matters and facts herein deposed to.

2. THAT my address is ***(street), ***(city/town), Saskatchewan.

3. THAT in or about the month of * * *, 19* *, I had sexual intercourse with a

male/female person who was not my husband/wife, at * * *, Saskatchewan. The

petitioner has not condoned my adultery or otherwise encouraged me to commit

such acts.

4. THAT since in or about * * *, 19 * *, I have been living separate and apart

SWORN BEFORE ME at * * Regina,Saskatchewan, this * * * day of* * *, 199* *.

- 2 -

from the petitioner.

5. THAT I do not wish to reconcile or resume cohabitation with my spouse.

6. THAT I have truthfully set forth the facts herein, and I have not entered into

any agreement, understanding or arrangement to fabricate or suppress evidence

or to deceive the Court.

)))

)

--------------)A COMMISSIONER FOR OATHS in andfor the Province of Saskatchewan.My commission expires: _BEING A SOLICITOR.

This document was delivered by:

GATES & COMPANYBarristers and SolicitorsAvonhurst Plaza31 32 Avonhurst DriveREGINA, SaskatchewanS4R 3J7

The address for service is the same as the above.

Lawyer in Charge of File: ***Telephone Number: (306) 949-5544

)

)

TAB "19"

D.I.V./F.L.D. No. *** of 199**.

IN THE QUEEN'S BENCH FOR SASKATCHEWAN(Family Law Division)

JUDICIAL CENTRE OF REGINA

BETWEEN:*** ,

Petitioner * *Co-Petitioner* *

AND:*** ,

Respondent * *Co-Petitioner* *

WAIVER OF FINANCIAL STATEMENTS

The petitioner * * co-petitioner * * , * * * , and the respondent * * co­

petitioner * *, * * *, hereby waive Financial Statements in respect of claims made

in this action.

DATED at Regina, Saskatchewan, this __ day of , 199 * * .

GATES & COMPANY

Per: _

Solicitors for the Petitioner * *Co­Petitioner * * or: * * *, Petitioner* *Co-Petitioner* *

DATED at Regina, Saskatchewan, this __ day of , 199* *.

**NAME OF LAW FIRM**

Per: _

Solicitors for the Respondent * * Co­Petitioner * * or: * * *, Respondent * *Co­Petitioner* *

- 2 -

This document was delivered by:

GATES & COMPANYBarristers and SolicitorsAvonhurst Plaza31 32 Avonhurst DriveREGINA, SaskatchewanS4R 3J7

The address for service is the same as the above.

Lawyer in Charge of File: ** *Telephone Number: (306) 949-5544

)

TAB "20"

D.J.V./F.L.D. No. *** of 199**.CANADA

PROVINCE OF SASKATCHEWAN

IN THE QUEEN'S BENCH FOR SASKATCHEWAN(Family Law Division)

JUDICIAL CENTRE OF REGINA

BETWEEN:

*** ,

AND:

***,

Co-petitioners

JOINT PETITION

TO THIS HONOURABLE COURT:

CLAIM

1. WE hereby ask this Honourable Court for the following relief:

(a) Divorce Act

X Divorce

X Custody to the co-petitioner, * * *

X Access defined to the co-petitioner, * * *

X Support for the co-petitioner, * * *, in the amount of$500.00 per month

X Support for the children in accordance with Guidelines.

- 2 ­

IN THE CIRCUMSTANCES set out below:

PARTICULARS:

2. There has been a breakdown of the marriage as established by:

Subsection 8(2)(a) of the Divorce Act.

3. The facts on which our petition is based are:

The parties have been living separate and apart since * * on or about April10,1989 **OR IF NO SPECIFIC DATE** in or about April of 1989.

RECONCILIATION:

4. The following efforts to reconcile have been made:

None.

5. It is no longer possible for me to reconcile or resume cohabitation with myspouse.

MEDIATION:

6. The mediation facilities utilized to negotiate matters pertaining to supportor custody are as follows:

None

COLLUSION, CONDONATION AND CONNIVANCE:

7. We have truthfully set forth the facts establishing the breakdown of ourmarriage and we have not entered into any agreement, understanding orarrangement to fabricate or suppress evidence or to deceive the court.

PARTICULARS OF MARRIAGE:

8. Date of marriage: August 13, 19_

9. The co-petitioners ceased to cohabit on or about April 29, 19* ***OR IF NO SPECIFIC DATE USE** in or about April of 19_

)

- 3 -

10. Wife's surname at birth: ***

11. Marital status of husband at time of marriage: Bachelor/Divorced

12. Marital status of wife at time of marriage: Spinster/Divorced

13. Wife's birth date: August 2, 19 * *

14. Husband's birth date: February 11, 19* *

JURISDICTION:

15. The address of the co-petitioner * * * is:

123 * * * StreetRegina, SaskatchewanS4

16. The address of the co-petitioner * * * is:

234 * * * StreetRegina, SaskatchewanS4

17. The co-petitioner * * * has been ordinarily resident in Saskatchewan since:19**.

CHILDREN:

18. The names and dates of birth of all children of the marriage are:

***, born March 2,19**.

19. The particulars of the past, present and proposed custody, care, upbringingand education of the said children are as follows:

The child, ***, born March 2, 19* *, has resided with the co-petitioner,* * *, since the parties separated. The parties agree that the co-petitioner,* * *, should retain sole custody of the said child.

20. The co-petitioner, * * * claims custody of the said child of the marriage:

- 4 -

* * *, born March 2, 19 * * .

21. The facts on which such claim for custody is founded are:

It is agreed that it is in the best interests of the child that he continue tolive with the co-petitioner, * * * .

22. The parties agree that the co-petitioner, * * *, shall be entitled to reasonableaccess to the said child of the marriage at such times and for such durationas the parties may agree to in advance, consistent always with the saidchild's education, extra-curricular activities, and wished.

23. The co-petitioner, * * *, claims access to the said child of the marriage, * * *born March 2, 19 * * , at such times and for such duration as the parties mayagree to in advance, consistent always with the said child's education,extra-curricular activities, and wishes

24. The facts on which such claim for access is founded are:

The co-petitioner, * * *, is the natural father of the said child of themarriage, * * *. The parties have been able to agree to the access that theco-petitioner, * * * would have to the child and, accordingly, defined accessis not required.

25. The co-petitioner, * * *, claims support (or maintenance) for the said childof the marriage, * * *.

26. Other than the parties hereto, the following persons may have an interestin the custody of or access to the said child:

None.

27. The nature of my relationship to and interest in the said child is as follows:

The co-petitioners are the natural parents of the infant child.

OTHER PROCEEDINGS:

28. The particulars and status of all other legal proceedings instituted withreference to the marriage, custody, support, maintenance or division ofproperty are:

None.

)

)

- 5 -

SEPARATION AGREEMENTS AND FINANCIAL ARRANGEMENTS:

29. The dates of any written or oral separation or financial or custodyagreements between the parties are:

None.

30. JOINT PETITION:

There are no issues in dispute.

Dated at Regina, Saskatchewan, this __ day of , 199* * .

* * *, Co-Petitioner

Dated at Regina, Saskatchewan, this __ day of , 199**.

* * *, Co-Petitioner

NEITHER SPOUSE IS FREE TO REMARRY UNTIL A JUDGMENT OF DIVORCETAKES EFFECT.

This Petition is issued at Regina, Saskatchewan, this __ day of _199** .

(SEAL)Local Registrar.

- 6 -

This document was delivered by:

GATES & COMPANYBarristers and SolicitorsAvonhurst Plaza31 32 Avonhurst DriveREGINA, SaskatchewanS4R 3J7

The address for service is the same as the above.

Lawyer in Charge of File: ***Telephone Number: (306) 949-5544

) **REMEMBER:

BETWEEN:

AND:

TAB "21-1"

IF CLAIMING RELIEF UNDER DIVORCE ACTMUST PROVIDE ELEVEN (11 ) DAYS NOTICE!! * *

D.I.V./F.L.D. No. *** of 199**

IN THE QUEEN'S BENCH FOR SASKATCHEWAN(Family Law Division)

JUDICIAL CENTRE OF REGINA

***

Applicant(Respondent/Petitioner by Counter-Petition)

***

Respondent(Petitioner/Respondent by Counter-Petition)

NOTICE OF MOTION

TAKE NOTICE that an application will be made to the presiding Judge of

this Honourable Court, at the Court House, 2425 Victoria Avenue, at Regina,

Saskatchewan, on ***, the *** day of ***, 199***, at ten o'clock in the

forenoon or so soon thereafter as counsel can be heard on behalf of the Applicant

for the following relief:

1. An order pursuant to Section 16(2) of the Divorce Act, granting interimcustody of the infant children, * * *, born * * *, and * * *, born * * *, to theApplicant, * * * .

If undefined access use option #1, if defined use option #2

- 2 -

2. An order pursuant to Section 16(2) of the Divorce Act, gIVing therespondent reasonable interim access to the children of the marriage, atsuch times and for such duration as the parties may agree to in advance,which access is to be arranged between the applicant and the respondent.

* *or* *2. An order pursuant to Section 16(2) of the Divorce Act, giving the

respondent interim access to the children of the marriage every alternateweekend, from the Friday at 5:00 p.m., until the Sunday at 7:00 p.m., withsuch alternate weekend access to be extended to include any statutoryholiday which may fall on the Friday proceeding the weekend of access orthe Monday following the weekend of access, with the first of suchweekend access to commence Friday, * *, and to continue each alternateweekend thereafter.

3. An order pursuant to Section 15.1 of the Divorce Act, requIring therespondent to pay to the applicant on behalf of the said infant children, thefollowing amounts:

(a) Basic interim support in accordance with Section 3( 1)(a) of theGuidelines; and

**If you are claiming any extraordinary expenses, include the following**

(b) The respondent's proportionate share of the following expenses inaccordance with Section 3( 1) (b) of the Guidelines:

(i) Child care expenses pursuant to Section 7(1 )(a) of theGuidelines;

(ii) That portion of the medical and dental insurance premiumsattributable to the child(ren) pursuant to Section 7(1 )(b) of theGuidelines;

(iii) Health related expenses that exceed insurance reimbursementpursuant to Section 7(1 )(c) of the Guidelines;

(iv) Extraordinary expenses for ***primary ***OR secondary***school education or for any educational programs for the child* *set out particulars* * pursuant to Section 7(1 )(d) of theGuidelines;

(v) Expenses for the child's post-secondary education pursuant toSection 7(1 )(e) of the Guidelines;

- 3 -

(vi) Extraordinary expenses for the child's extracurricular activities* * include details * * pursuant to Section 7(1 )(f) of theGuidelines;

with all such payments commencing * * * 1st, 199 * * * andcontinuing on the 1st day of each and every month thereafter untilfurther notice of this Court or until written agreement between theparties.

* * If seeking a specific amount of support use 1st option * ** * If undefined amount ... use 2nd option * *

4. An order pursuant to Section 15.2(2) of the Divorce Act, requiring therespondent to pay to the Applicant interim spousal support in the sum of$*** per month, commencing *** 1, 199***, and continuing on the 1stday of each and every month thereafter until further order of this Court orwritten agreement between the parties.

**OR**

4. An order pursuant to Section 15.2(2) of the Divorce Act, requiring therespondent to pay to the Applicant interim spousal support in an amount tobe determined by the Court, commencing the 1st day of * * *, 199 * * * , andcontinuing thereafter on the 1st day of each and every month until furtherorder of this Court or written agreement between the parties.

5. An order pursuant to Section 5 of The Matrimonial Property Act:

(a) Giving the applicant exclusive possession of the matrimonial homelocated at * * *, Regina, Saskatchewan;

(b) Prohibiting the respondent spouse, ***, from entering or attendingat or ** near **or** within a one-block radius of** the aforesaidmatrimonial home.

6. An order pursuant to Section 5(i)(c) of The Matrimonial Property Actdirecting that the respondent, ***, vacate the matrimonial home withintwelve (1 2) hours of being personally served with a copy of the Courtorder.

7. An order pursuant to Section 6(1) of The Matrimonial Property Act:

(a) Giving the applicant exclusive possession, use and enjoyment of allof the household goods presently situate in the matrimonial home,

- 4 -

with the exception of the respondent's personal belongings,consisting of clothing and toiletries.

(b) Prohibiting the respondent from removing any household goods fromthe matrimonial home located at * * *, Regina, Saskatchewan withoutfurther order of this Court.

(c) Directing that the applicant shall have exclusive use, possession andenjoyment of the * * * automobile and further directing therespondent to immediately return the said automobile to theapplicant.

8. An order pursuant to Queen's Bench Rule 592(2) abridging the time forservice of the within motion.

9. An order requiring the respondent to pay to the applicant his/her costs ofthe within application.

10. Such further and other relief as this Honourable Court may deem just.

ON THE FOLLOWING GROUNDS:

* SET FORTH THE STATUTORY PROVISION, QUEEN'S BENCH RULE, ORDER OROTHER LEGAL BASIS WHICH THE APPLICANT RELIES UPON TO JUSTIFY THERELIEF SOUGHT.*

1. The applicant has had custody of the children since the parties separated

on or about * * * . There has been no formal support order in place and the

respondent has not paid a regular amount at any time.

2. The respondent is employed and has the ability to pay maintenance

prescribed by the Guidelines.

3. Section 15.1 allows the Court to make an interim order for child support in

accordance with the applicable Guidelines.

4. Section 3( 1) of the Guidelines prescribed that child support is to be in

- 5 -

accordance with the applicable tables.

5. The children are currently involved in extra-curricular activities, specifically

* * * and Section 7 of the Guidelines allows the Court to order a spouse to pay

their proportionate share of those expenses.

AND FURTHER TAKE NOTICE that in support of the said application will be

read this Notice of Motion with proof of service thereon, the Affidavit of ***, the

pleadings and proceedings had and taken herein, and a draft form of order, all

filed, together with such further and other relief as counsel may advise and this

Honourable Court may allow.

DATED at Regina, Saskatchewan, this __ day of * * *, 19* * .

GATES & COMPANY

Per:----------------Solicitors for the Applicant, * * *

TO: The Respondent,****Last Known Address

AND TO: Respondent's solicitors (if known)

This document was delivered by:

GATES & COMPANYBarristers and SolicitorsAvonhurst Plaza3132 Avonhurst DriveREGINA, SaskatchewanS4R 3J7

and the address for service is the same as above.Lawyer in charge of the file: * * *Telephone: (306) 949-5544

TAB "21-2"

"STYLE OF CAUSE"

AFFIDAVIT OF **INSERT NAME OF APPLICANT **

I, ***, of Regina, Saskatchewan, ***(occupation), MAKE OATH AND SAYAS FOLLOWS:

1. THAT I am the applicant (petitioner) in the within proceedings and as such

have personal knowledge of the matters and facts herein deposed to except where

stated to be based on information and belief and where so stated I do verily

believe the same to be true.

2. THAT the respondent and I were lawfully married to each other on * * date

of marriage * * at Regina, Saskatchewan * *or location of marriage* *, and we

separated on or about [January 1, 199_] * *or* * in or about [the month of

January, 199_].

3. THAT there are two children of the marriage, namely ***INSERT NAMES

AND DATES OF BIRTH OF ALL CHILDREN OF THE MARRIAGE**, born March 7,

1985, and ....

4. THAT on or about December 15, 19_, the respondent and I purchased the

matrimonial home, located at 715 * * * Drive, Regina, Saskatchewan. Both

children have been raised, since birth, in the matrimonial home. Each have

numerous friends in the neighbourhood and their school is within walking distance.

* * * ADDITIONAL PARAGRAPHS TO BE INSERTED HERE RE: WORK, KIDS, ETC.

* * *OUTLINE THE FACTS THAT WILL BE RELIED UPON TO SUBSTANTIATE WHY

- 2 -

THE APPLICANT SHOULD RETAIN CUSTODY; THAT SETS OUT THE WORK

HISTORY AND WHY MAINTENANCE SHOULD BE ORDERED AND THE AMOUNT.

##. THAT I have not worked outside the home since the children were born,

and have fully relied upon the respondent to support our household. I, therefore,

require financial support from the respondent.

## . THAT the respondent is employed as a * * * with * * *. I believe that he/she

earns approximately $5,000.00 per month and, accordingly, should be able to

provide financial support for the child *ren * and I.

##. THAT our youngest daughter, *** , is involved in dance. She attends

lessons at * * * two times per week. The cost of such lessons is $ * * * per month.

Attached hereto and marked as Exhibit "A" to this my affidavit are copies of

receipts paid for her dance lessons for the past six months.

##. THAT the respondent and I have been separated for six months now. We

have been able to discuss and agree to the access that he/she has had to the

children. Accordingly, I simply propose that he/she continue to have access at

such times and such duration as may be agreed to in advance, considering always

the best interests of the child * ren * .

##. THAT there is no compelling reason why the respondent would require the

sole use of the matrimonial home and he should be able, to find alternate

accommodation.

##. THAT I make this affidavit in support of an application to this Honourable

Court for the following relief:

SWORN TO BEFORE ME at Regina,Saskatchewan, this day of***,19**.

) - 3 -

* *MAKE SURE THAT YOU SUMMARIZE EVERYTHING THAT YOU ARE ASKING

FOR IN YOUR NOTICE OF MOTION**

a) That I be given interim custody of the infant children, * *insert namesand dates of birth of children * * .

b) That the respondent be required to pay interim support in accordancewith the Guidelines as well as his/her proportionate share of thechild * ren *'s extra-curricular activities.

c) Giving the respondent reasonable access to the children of themarriage at such times and for such duration as may be agreed to inadvance.

d) Giving me exclusive possession of the matrimonial home located at715 * * * Drive, Regina, Saskatchewan.

e) Giving me exclusive possession of the household goods presently inthe matrimonial home and specifically not including the respondent'spersonal clothing and possessions.

f) Requiring the respondent to vacate the matrimonial home withintwelve (1 2) hours of being personally served with a copy of theCourt Order.

g) Restraining the respondent from entering or attending at * *ornear**or**within a one-block radius** of the matrimonial home.

h) Requiring the respondent to pay to me the costs of this application.

)

))

)

-------------)A COMMISSIONER FOR OATHS in and forthe Province of Saskatchewan.My commission expires: _BEING A SOLICITOR.

- 4 -

This document was delivered by:

GATES & COMPANYBarristers and SolicitorsAvonhurst Plaza3132 Avonhurst DriveREGINA, SaskatchewanS4R 3J7

and the address for service is the same as above.

Lawyer in charge of the file:Telephone:

***(306) 949-5544

TAB"21-3"

*STYLE OF CAUSE*

DRAFTORDER

BEFORE THE HONOURABLEJUSTICE

IN CHAMBERS

DAY,THE__ DAY OF____, 1998.

)/

UPON the application of Counsel on behalf of the petitioner and upon

hearing read the petition, the Memorandum, the Affidavit of **************,

and the pleadings and proceedings had and taken herein, all filed:

1. IT IS ORDERED THAT:

i. Pursuant to Queen's Bench Rule 586(4), the filing of a Certificate ofMarriage is dispensed with at the time of issuing the within petition;

ii. Pursuant to Queen's Bench Rule 599(1), the filing of a FinancialStatement in Form 67 at the time of issuing the within petition isdispensed with;

2. IT IS FURTHER ORDERED THAT interim custody of the infant children,

**********, born August 28, 199*, and *********, born August 29, 199*,

be granted to the petitioner, **************, pursuant to Section 16(2) of the

Divorce Act, 1985.

3. IT IS FURTHER ORDERED THAT the Respondent, ********, is prohibited

from contacting either of the infant children, ********** and *********.

4. IT IS FURTHER ORDERED THAT pursuant to Section 5 of The Matrimonial

Property Act:

- 2 -

i) The applicant/petitioner is hereby given exclusive possession of thematrimonial home located at 3111 Cameron Street, Regina,Saskatchewan.

ii) The Respondent shall vacate the matrimonial home within twenty­four (24) hours from the date and time of service of the within Order.

iii) The Respondent is hereby prohibited from entering or attending at ornear the aforesaid matrimonial home after he has vacated the same.

5. IT IS FURTHER ORDERED THAT pursuant to Section 6 of The Matrimonial

Property Act:

i) The applicant/petitioner is hereby given exlusive use, possession andenjoyment of all of the household goods presently situate within orupon the matrimonial home located at 123 * * * * * * * * * * * Street,Regina, Saskatchewan.

ii) The Respondent is hereby prohibited from removing any householdgoods from the matrimonial home located at 123 * * * * * * * * * Street,Regina, Saskatchewan without further Order of this Court.

iii) The applicant/petitioner is hereby given exclusive use, possessionand enjoyment of the 1989 Toyota Corolla automobile and furtherthe Respondent is hereby directed to immediately return the saidautomobile to the petitioner.

6. IT IS FURTHER ORDERED THAT the within Order shall be effective to and

including Wednesday, March 28, 199*.

ISSUED at Regina, Saskatchewan, this __ day of March, 199*.

(seal)Local Registrar

\)

- 3 -

TAKE NOTICE that every Order made without notice to the Respondent or aperson affected by the Order, except where such Order is consented to by theRespondent or a person affected by the Order, or is otherwise authorized by law,may be set aside or varied on application to the Court. You should consult yoursolicitor as to your rights.

TAB "22-1"

* * APPLICATION FOR JUDGMENTWHERE RELIEF REQUESTED IS UNCONTESTED(I.E. NO ANSWER FILED ... OR HAVE A CONSENT JUDGMENT ** OR DIVORCENOT PUT IN ISSUE)**

* *THIS PRECEDENT IS WHERE RELIEF IS DIVORCE, CUSTODY AND CHILDSUPPORT ... NO RELIEF UNDER MPA* *

D.I.V./F.L.D. No. *** of 19**.

IN THE QUEEN'S BENCH FOR SASKATCHEWAN(Family Law Division)

JUDICIAL CENTRE OF REGINA

BETWEEN:

***,

Applicant(Petitioner)

AND:

***,

Respondent

APPLICATION FOR JUDGMENT

TO: THE LOCAL REGISTRAR AT THE JUDICIAL CENTRE OF REGINA

1. The petitioner hereby requests that this action be set down fordetermination as an uncontested proceeding to be heard under rule 602 on thebasis of affidavit evidence.

2. The petitioner claims the following relief:**FILL IN (X) WHAT IS INCLUDED IN YOUR JUDGMENT**

Divorce

Custody

early date of effect of judgment

Access defined to respondent

Support for petitioner in the amount of $ * * * per month

5.

- 2 -

Support for children in the amount of $ * * * per month (perchild)

Relief under The Matrimonial Property Act

Costs

Other (specify)

3. The following pleadings, proceedings and documents are on file:

*the "X" ones are the minimum*

X petitionDemand for Notice, andNotice of Application for Judgment

X Marriage registration, orOrder dispensing with production of marriage registration

X Financial Statements X petitionerX respondent; or

Waiver of Financial StatementsX Central Registry Certificate

Other (specify)

4. Service of the petition upon the respondent was effected by:

Personal Service. See Affidavit of Personal Service, whichwas filed with the Court on * *DATE AFFIDAVIT OF SERVICEFILED** *or filed herewith*

The respondent was noted for default of answer on the day of______,199*.

**or if answer filed but DIVORCE not in issue use the following: **

5. The respondent filed an answer, but it did not oppose the petitioner's claimfor a divorce.

- 3 -

**and if appropriate** and the **name of settlement documents** Minutes ofSettlement filed with the court **date** *or* separation agreement executed bythe parties and appended to the petitioner's affidavit * * provides that either partymay apply for the final judgment of divorce.

**or**

5. The respondent has not been noted in default of an answer as there areongoing negotiations. At this time, only a judgment of divorce is being sought,adjourning the other issues claimed to be dealt with in the future.

6. The petitioner's affidavit required by subrule 602(4) and rule 607 (or as thecase may be) accompanies this application.

Exhibited to the affidavit are the following documents:

Separation Agreement **ONLY IF NOT FILED WITH OB**

7. The following documents also accompany this application:

**if child support is included in judgment include:

Maintenance Enforcement Office Opt-OutWithdrawal Form; orMaintenance Enforcement Registration Form

* OR if already registered with MEO send letter attached as TAB ..CC"

* *if adultery is basis for divorce include:

Affidavit of respondent admitting adultery.

**always include the following:

Draft Judgment **if appropriate add** consented to by thepetitioner and the respondent through their respectivesolicitors.

Draft Certificate

- 4 -

Addressed envelopes **(need 2 for each person)**:

___ to the respondent___ to the petitioner___ to the petitioner's solicitor___ to the respondent's solicitor

Judgment (* * * copies) for issuance.

Certificate of Divorce (* * * copies) for issuance.

DATED at Regina, Saskatchewan, this __ day of , 19* * .

GATES & COMPANY

Per: _Solicitors for the Applicant (Petitioner)

This document was delivered by:

GATES & COMPANYBarristers and SolicitorsAvonhurst Plaza3132 Avonhurst DriveREGINA, SaskatchewanS4R 3J7

and the address for service is the same as above.

Lawyer in charge of the file:Telephone:

*(306) 949-5544

TAB "22-2"

* * The following applies where:

no answer and noted in default; ORwhere is an answer did not put in issue relief requestedwhere opposing party consents to relief requested

*** FOR VARIATIONS, SEE RULE 70 OF O.B. RULES****** FOR COMPLETE FORM 70 SEE: AFF-FORM.70 **

D.I.V./F.L.D. No. *** of 199**

IN THE QUEEN'S BENCH FOR SASKATCHEWAN(Family Law Division)

JUDICIAL CENTRE OF REGINA

BETWEEN:***

Applicant(Petitioner)

AND:***

Respondent

AFFIDAVIT OF * * *

I, ***, of Regina, Saskatchewan, ***(occupation), MAKE OATH

AND SAY AS FOLLOWS:

GENERAL:

1. THAT I am the applicant (petitioner) **OR** (petitioner/respondent by

counter-petition) * *OR* * (respondent/petitioner by counter-petition) * * in this

proceeding and as such have personal knowledge of the matters and facts herein

deposed to except where stated to be on information and belief and where so

- 2 -

stated, I verily believe the same to be true.

* *if petitioner has changed surname to maiden name since the petition was issued

... use the following**

1. THAT I am the applicant (petitioner\respondent by counter-petition) in this

proceeding, having reverted to my maiden name of ***, and as such have

personal knowledge of the matters and facts herein deposed to except where

stated to be based on information and belief and where so stated, I verily believe

the same to be true.

2. THAT all of the facts and information contained in the petition and my

Financial Statement * *OR* * Answer, Counter-petition and Financial Statement

* *OR* * and updated Financial Statement* * dated July 24, 1990, remain true and

accurate. **OR** except:

(a) * *set out by reference to paragraphs or items in the court

documents what is different, i.e. My income is now $** per month;

I have now purchased a home, and have mortgage payments of $**

per month, (PJ.T.).

**OR**

(a) That there are some variances to my Financial Statement, however

as matters are being resolved by consent, I have not updated same.

**OR** if maintenance/child issues being adjourned and claiming divorce only**

(a) That there have been a number of changes to my Financial

Statement from the date sworn. However, as I am only seeking a

divorce judgment at present, adjourning the issues pertaining to

* *set out what is being adjourned* * I have not updated my Financial

Statement.

**OR**

2. THAT filed with my application for a judgment of divorce is an updated

Financial Statement.

- 3 -

*OR*

2. THAT all of the facts and information contained in the petition remain true

and accurate. No financial statements have been filed as we have agreed to the

relief to be ordered and both the respondent and I have filed Waivers of Financial

Statements.

3. THAT I have been ordinarily resident in Saskatchewan since birth. **OR**

date set out in petition * *

RECONCILIATION:

4. THAT my spouse and I have not effected a reconciliation and I do not wish

to reconcile or resume cohabitation with my spouse.

MARRIAGE BREAKDOWN:

5. THAT there has been a breakdown of my marriage to the respondent

**OR** respondent by Counter-petition** by reason of the fact that ...

**use the first option only where have signed a separation agreement**

pursuant to the terms of an agreement in writing, we have been living separate

and apart since on or about * * date of separation specified in agreement** and at

the date of commencement of this proceeding, and at the date of swearing this

affidavit, continue to live separate and apart.

**OR** ...of the fact that the respondent **OR** respondent by Counter­

petition * * and I have been living separate and apart since in or about * *find date

of separation from petition** and at the date of commencement of these

proceedings and as at the date of swearing of this affidavit continue to live

separate and apart.

- 4 ­

COLLUSION, CONDONATION, AND CONNIVANCE:

6. THAT I have truthfully set forth the facts establishing the breakdown of my

marriage, and I have not entered into any agreement, understanding, or

arrangement to fabricate or suppress evidence or to deceive the Court.

AGREEMENTS OR ORDERS:

7. THAT the dates of any written or oral separation or financial or custody

agreements between the parties are:

a) Interspousal Contract and Separation Agreement dated February 24,19 * *, attached as Exhibit "A";

b) Amending Agreement effective July 14, 19 * *, attached as Exhibit"8".

**OR**7. There have been no written or oral separation or financial or custody

agreements between the parties.

8. A previous Court Order with reference to **set out in summary form, what

was dealt with in all existing court orders** i.e. ** custody and maintenance for

the children of the marriage was granted May 30, 19_, by the Honourable Mr.

Justice E. Malone. A copy should form part of the court file.

**OR**

8. There are no previous court orders.

9. No other proceedings have been instituted with reference to the marriage,

support, maintenance or division of property.

SPOUSAL SUPPORT:

10. THAT I do not seek spousal support for myself.

**if otherwise, see: Queen's Bench Rules - FORM 70

**OR**

- 5 -

10. THAT I am only seeking a judgment of divorce at the present time,

adjourning the other issues raised in the petition, including spousal support.

CHILDREN:

11 . There are no children of the marriage.

**OR**

11 . THAT the names and birth dates of the children * *OR if some child over 18

or no longer children under the Divorce Act* * remaining children * * * of the

marriage, are:

***, born June 4, 1974;***, born March 11, 1977;* * *, born February 17, 1979; and***, born September 21, 1980.

12. THAT I am only seeking a Judgment of Divorce at the present time,

adjourning the issues surrounding the children, namely custody, maintenance, and

access, as well as the division of matrimonial property, to be determined at a later

date by this Honourable Court. **if you have an existing order or agreement in

place you should include something to the following * * That there is in existence

an interspousal contract * *interim court order* * which requires the respondent

to pay child support of $ * * per month per child, for a total presently payable of

$ * * per month. The respondent is current in his support obligations and I am

prepared to have this arrangement continue for the present time.

**OR**

12. I seek support for the children of the marriage, in the amount of $ _

per month, per child **OR** in accordance with the Guidelines, to commence

* * note must be prospective, not retroactive * *----

**must include the following paragraphs**

13. Particulars as to the conditions, means, needs and other circumstances of

the children are as follows (include any special conditions of a child and any

- 6 -

special needs as well as general requirements):

The children have been in my care since separation. We live in * * *. The

children attend school and are involved in * * *. None of the children have

any special needs, at present.

14. The arrangements that have been made for the support and living

accommodation of any children of the marriage are as follows:

**note: Include particulars of expenses, of support from parents, others, social

assistance, family allowance, and arrears, if any under support orders or

agreements) :

I am employed on a fulltime basis. My spouse has been paying child support

of $ * * * since we separated. I am able to provide for the children financially

from the combination of my employment income, child tax credit, GST

rebate and the child support being paid by my spouse.

15. Particulars of the present and proposed arrangements with respect to

custody and access of any or all children of the marriage are as follows:

**generally find this information from the petition**

The children have been in my care since we separated. My spouse and I

have been able to negotiate the terms of access. I propose to retain sole

custody of the children, with access to the respondent at such times, and

for such durations, as we may agree to in advance, consistent always with

the school, activities and wishes of the children.

* *if seeking a declaration under The Matrimonial Property Act include the

following heading and paragraphs**

MATRIMONIAL PROPERTY:

* *if nothing in place, i.e. no separation agreement, or minutes of settlement, use

)

- 7 -

the following * * if there are minutes of settlement or a separation agreement, use

2nd option -- but ONLY IF your petition claims relief under The Matrimonial

Property Act* *

16. Following separation the respondent and I divided our household effects.

We each retained a vehicle. All debts were either in my name, or in the

respondent's name and we each remained responsible for our own. I am satisfied

with the current division of property. **if required** except:

a) I would like to obtain the washer and dryer from the respondent, at

some point in the future when I have a residence of my own to store

them.

16. The respondent and I have settled, by consent, the division of our

matrimonial property under The Matrimonial Property Act, by way of **Minutes

of Settlement, filed with the court **OR** an Interspousal Contract and

Separation Agreement, a copy of which is attached hereto. I am seeking a

declaration within the divorce judgment recognizing that matrimonial property has

been divided as set out in the said document.

JUDGMENT:

17. THAT the present address of the respondent where service of the judgment

may be made is:

123 * * * Drive,REGINA, SaskatchewanS4* ***

18. The basis of my information and belief as to the said address of the

respondent is

**CHOOSE ONE OF THE FOLLOWING**

* *the first choice which follows should be used UNLESS there is some special

- 8 -

reason not to**

this is the address for service of documents set out in the Affidavit of Personal

Service of the divorce petition.

**OR**

the respondent was given exclusive possession of the matrimonial home located

at **insert address** and I have personal knowledge that the respondent

continues to reside there.

**OR**

I have been informed by my solicitor and do verily believe the same to be true,

that is the address of the respondent's solicitor.

**OR**

that I have been informed by the respondent and do verily believe him.

**if required**

19. THAT the Answer filed by the respondent only put in issue the amount of

maintenance payable.

20. THAT I claim the following relief:

a) A Judgment of Divorce pursuant to Queen's Bench Rule 609(2)(a)

* * NOTE THIS RULE IS FOR A SITUATION WHERE ASKING A

JUDGMENT OF DIVORCE, ADJOURNING THE OTHER ISSUES -- IF

THE OTHER ISSUES HAVE BEEN **SETTLED** AND ONLY NOW

SEEKING A JUDGMENT OF DIVORCE .•. ALONE ... SILENT ON

OTHER ISSUES, USE THE SECOND OPTION FOR (a) BELOW* * * * * *

adjourning the issues of custody, maintenance, and access for the

children of the marriage.

**OR**

a) A judgment of divorce from the respondent.

b) A judgment granting me sole custody of the children of the marriage.

c) A judgment granting the respondent access to the children of the

- 9 -

marriage at such times and for such duration as may be agreed upon

in advance.

d) A judgment requiring the respondent to pay to me, as child support,

the sum of $* * * per month, per child, for a total presently payable

of $* * *, commencing the first of the month following issuance of

the divorce judgment.

e) A declaration under The Matrimonial Property Act providing that all

matrimonial property in my possession, shall remain my own, and

that all matrimonial property now in the respondent's possession

shall remain his own, absolutely, and that this shall represent a final

judgment regarding the division of matrimonial property for the

purposes of The Matrimonial Property Act, and specifically, that

neither party will be entitled to apply for a division of Canada Pension

Plan benefits.

* *if costs claimed**

47.50

$ 418.75

$ 300.00

10.00

37.50

23.75

*

Costs are claimed in the amount of $395.00, pursuant to Queen's

Bench Rule 602(6), calculated as follows:

a) Complex application

b) One-half Marriage Certificate ($20.00)

c) One-half Petition ($75.00)

d) One-half of process server costs ($47.50)

e) One-half of application for judgment

of divorce

f)

Total:

SWORN TO BEFORE ME at Regina,Saskatchewan, this _day of * * *, 199* *.

)

)))

--------------)

)

A COMMISSIONER FOR OATHSin and for the Province of Saskatchewan.BEING A SOLICITOR.

- 10-

This Affidavit was filed on behalf of the Applicant (Petitioner/Respondent byCounter-Petition) **OR** the Applicant (Respondent/Petitioner by Counter­Petition) by:

GATES & COMPANYBarristers and SolicitorsAvonhurst Plaza31 32 Avonhurst DriveREGINA, SaskatchewanS4R 3J7

and the address for service is the same as above.

Lawyer in charge of the file:Telephone:

***(306) 949-5544

BARRISTERS AND SOLICITORS TAB "22-3"

* *Submit this letter with your application for final judgment when there was an interim orderand the claimant was registered with the maintenance enforcement office. You do not haveto complete and send a Maintenance Enforcement Registration form or Opt-Out form. * * *

RONALD G. GATES, B.A., LL.B.SHERRI A. CYBULSKI, LL.B.LORNA J. NVSTUEN, B.A., LL.B.GEORGE V. PEACOCK, Q.C.GAIL D. WARTMAN, B.A., LL.B.SHELDON M. STENER, B.A., LL.B.TERESA E. HARRIES, B.A., LL.B.OWEN M. RICE, B.A., LL.B., STUDENT-AT-LAW

April 3, 1998

DELIVERED VIA COURIER

Local RegistrarCourt of Queen's Bench2425 Victoria AvenueRegina, SaskatchewanS4P 3V7

Dear Sir/Madam:

RE: *********** and *********) D.I.V./F.L.D. No. 0***** of 199*

Our File: S-OOOO/OOOO SAC

A VONHURST PLAZA3132 AVONHURST DRIVE

REGINA, SASKATCHEWAN S4R 317

TELEPHONE: (306) 949-5544FAX: (306) 775-2995

Please note that the applicant (claimant) is already registered with the MaintenanceEnforcement Office is respect to the existing support order. The amount of maintenancepayable will not be varied by the divorce judgment. Ms. * * * * * * Maintenance EnforcementOffice number is 017254-20.

Please send three certified copies of the divorce judgment, if granted, to the MaintenanceEnforcement Office, once issued.

I trust this is all that you require.

Yours truly,

GATES & COMPANY

Per:

Sherri A. CybulskiSAC.

)

TAB "23"

D.J.V./F.L.D. No. *** of 199**

IN THE QUEEN'S BENCH FOR SASKATCHEWAN(Family Law Division)

JUDICIAL CENTRE OF REGINA

CERTIFICATE OF DIVORCE

This is to certify that the marriage of * * and * *, which was solemnized on

the * * *th day of * * *, 19* *, was dissolved by a judgment of this Court, which

became effective on the _ day of , 19* *.

DATED at Regina, Saskatchewan, this __ day of _

19** .

)/

(L.S.) Local Registrar.

I

IIII

I

IIII

IIII

II

II

II

IIII

IIII

II

II

II

II

II

IIII

III

II

IIII

II

I

/ III

II

III

TAB "24-1"

* *THIS IS JUDGMENT FOR DIVORCE ONLY (NO CHILDREN, ETC.) ... IFADJOURNING ISSUES RE: CHILDREN, OR COROLLARY RELIEF USE TAB "24-2"... IF JUDGMENT INCLUDES RELIEF FOR CHILDREN ... USE TAB "24-3"

D.I.V./F.L.D. No. *** of 19**.

IN THE QUEEN'S BENCH FOR SASKATCHEWAN(Family Law Division)

JUDICIAL CENTRE OF REGINA

BETWEEN:

*** ,

PETITIONER

AND:

***,

RESPONDENT

BEFORE THE HONOURABLEJUSTICE

IN CHAMBERS

ON DAY, THE____ DAY OF

, 19* *.------

JUDGMENT

THIS PROCEEDING coming on before the Court this day at Regina,

Saskatchewan, in the absence of the parties and counsel, upon proof of service being

established, and upon considering the pleadings and the evidence presented and what

was alleged by counsel:

1. IT IS HEREBY ORDERED THAT *** and *** who were married on the *** day

) of * * *, 19** , are divorced and, unless appealed, this Judgment takes effect and the

- 2 -

marriage is dissolved on the 31 st day after the date of this Judgment.

ISSUED at Regina, Saskatchewan, this __ day of , 19* *.

(seal)Local Registrar

NOTICE TO PARTIES

THE SPOUSES ARE NOT FREE TO REMARRY UNTIL THIS JUDGMENT TAKESEFFECT, AT WHICH TIME ANY PERSON MAY OBTAIN A CERTIFICATE OF DIVORCEFROM THIS COURT. IF AN APPEAL IS TAKEN FROM THIS JUDGMENT, IT MAYDELAY THIS JUDGMENT TAKING EFFECT.

TAB "24-2"

***FINAL JUDGMENT FOR DIVORCE .... COROLLARY RELIEF ADJOURNED*****IF DIVORCE ONLY USE TAB "24-1***IF DIVORCE AND COROLLARY RELIEF .... USE TAB "24-3" **

D.I.V/F.L.D. No. *** of 19**.

IN THE QUEEN'S BENCH FOR SASKATCHEWAN(Family Law Division)

JUDICIAL CENTRE OF REGINA

BETWEEN:

*** ,

Petitioner

AND:

*** ,

Respondent

BEFORE THE HONOURABLEJUSTICE

IN CHAMBERS

ON DAY, THE____ DAY OF______,19**.

JUDGMENT

)/

THIS PROCEEDING coming on before the Court this day at Regina,

Saskatchewan, in the absence of the parties and counsel, upon proof of service

being established, and upon considering the pleadings and the evidence presented

and what was alleged by counsel:

1. IT IS HEREBY ORDERED THAT *** and *** who were married on the 24th

day of November, 1973, are divorced and, unless appealed, this Judgment takes

- 2 -

effect and the marriage is dissolved on the 31 st day after the date of this

Judgment.

2. AND THIS COURT FURTHER ORDERS THAT the corollary relief under the

Divorce Act with respect to the children of the marriage and spousal support, any

claims pertaining to the children of the marriage or for spousal support under The

Children's Law Act and The Family Maintenance Act, as well as all matters under

The Matrimonial Property Act and any claims for costs, shall be adjourned, sine

die, and may be brought back before this Honourable Court for trial upon

application by either party hereto.

**** sometimes:

3. AND THIS COURT FURTHER ORDERS THAT there shall be no Order as to

costs in connection with this application.

**OR**

3. AND THIS COURT FURTHER ORDERS THAT costs shall be in the cause.

**OR**

3. AND THIS COURT FURTHER ORDERS THATthe applicant shall have hislher

costs of this application fixed at $400.00.

ISSUED at Regina, Saskatchewan, this __ day of , 19* * .

(seal)Local Registrar

NOTICE TO PARTIES

THE SPOUSES ARE NOT FREE TO REMARRY UNTIL THIS JUDGMENT TAKESEFFECT, AT WHICH TIME ANY PERSON MAY OBTAIN A CERTIFICATE OFDIVORCE FROM THIS COURT. IF AN APPEAL IS TAKEN FROM THIS JUDGMENT,IT MAY DELAY THIS JUDGMENT TAKING EFFECT.

TAB "25-1"

* * THE FOLLOWING PARAGRAPHS SHOULD BE INSERTED IN THE PETITIONER'SAFFIDAVIT UNDER THE HEADING JUDGMENT * *

#. That the Divorce Judgment take effect on the day Judgment is rendered byreason of the following special circumstances:

(a) I plan to remarry and the wedding is scheduled for Saturday, July 15,19 .

#. An undertaking by myself and the respondent that no appeal from theJudgment will be taken is attached hereto and marked as Exhibit "B" to this myaffidavit.

* * INSERT THE FOLLOWING CLAUSES IN THE APPLICATION FOR JUDGMENT

#. That I claim the following relief:

(a) A judgment of divorce from the respondent, to take effect on the dayJudgment is rendered.

* * THE PETITIONER AND THE RESPONDENT MUST EACH SIGN THE FOLLOWINGUNDERTAKING IN ORDER TO HAVE THE DIVORCE JUDGMENT TAKE EFFECTBEFORE THE STANDARD THIRTY DAY WAITING PERIOD.

D.I.V./F.L.D. No. of 199 .

IN THE QUEEN'S BENCH FOR SASKATCHEWAN(Family Law Division)

JUDICIAL CENTRE OF REGINA

BETWEEN:

***,

PetitionerAND:

***,

Respondent

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UNDERTAKING

The petitioner and the respondent in the within proceedings, consent to a

Judgment of Divorce issuing and each undertakes and agrees not to appeal the

Judgment of Divorce, if granted.

Dated at Regina, Saskatchewan this __ day of

petitioner, * * *

*** , 19 * *, as to the

Witness ***

Dated at Regina, Saskatchewan this __ day of * * *, 199* *, as to the

respondent, * * *

Witness ***

** AFFIDAVITS OF EXECUTION REQUIRED **

TAB "25-2"

THIS IS THE JUDGMENT FOR DIVORCE WHERE IT IS TO TAKE EFFECTIMMEDIATELY

THE HONOURABLEJUSTICEIN CHAMBERS

ON , THEDAY OF

___,19_.

JUDGMENT

THIS PROCEEDING coming on before the Court this day at Regina,

Saskatchewan, in the absence of the parties and counsel upon proof of service

being established, and upon considering the pleadings and the evidence presented

and the Court being of the opinion that by reason of special circumstances the

divorce should take effect earlier than the thirty first day after this date, and the

parties having agreed and undertaken that no appeal will be taken from this

Judgment:

1. IT IS HEREBY ORDERED THAT * * * and * * * who were married on the 27th

day of June, 19* *, are divorced.

ISSUED at Regina, Saskatchewan, this day of , 199_.

(seal)Local Registrar

This document was delivered by:

GATES & COMPANYBarristers and SolicitorsAvonhurst Plaza3132 Avonhurst DriveREGINA, SaskatchewanS4R 3J7

and the address for service is the same as above.Lawyer in charge of the file: SHERRI A. CYBULSKITelephone: (306) 949-5544

TAB "26"

D.I.V./F.L.D. No. * * * of 19* *.

IN THE QUEEN'S BENCH FOR SASKATCHEWAN(Family Law Division)

JUDICIAL CENTRE OF REGINA

BETWEEN:

*** ,

Applicant(Petitioner)

AND:

*** ,

Respondent

NOTICE OF APPLICATION FOR JUDGMENT

TO: The respondent (or The petitioner):

TAKE NOTICE that an application for judgment in this proceeding will be

made to the presiding Judge at the Court House in Regina, Saskatchewan, on

* * *day, the * * * day of * * *, 19* *, at * * * o'clock in the forenoon or so soon

thereafter as the matter may be heard.

AND FURTHER TAKE NOTICE that in support of the said application will be

read the pleadings and proceedings in this action, the affidavit of service of the

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petition, and the Affidavit of the petitioner (or respondent) *(also set forth here

any other material filed) * .

DATED at Regina, Saskatchewan, this __ day of , 19* * .

GATES & COMPANY

Per:-----------Solicitor for the *petitioner orrespondent*, * **

This document was delivered by:

GATES & COMPANYBarristers and SolicitorsAvonhurst Plaza3132 Avonhurst DriveREGINA, SaskatchewanS4R 3J7

and the address for service is the same as above.

Lawyer in charge of the file:Telephone:

***(306) 949-5544

)/

TAB "27-1"

D.I.V./F.L.D. No. *** of 199**

IN THE QUEEN'S BENCH FOR SASKATCHEWAN(Family Law Division)

JUDICIAL CENTRE OF REGINA

BETWEEN:* * * * * * * * * * * Smith,

Applicant (Petitioner)

AND:

*********** Smith,

Respondent

APPLICATION FOR VARIATION OF COROLLARY RELIEF

1. TAKE NOTICE THAT an application will be made to the presiding Judge in

Chambers at the Court House in *** (City/Town), Saskatchewan, at ***o'clock

in the ***noon on the _ day of , 199_, or so soon thereafter as the

matter may be heard, for an Order varying:

(a) The support Order granted by the Honourable Mr./Madam Justice * * * ofthe Court of Queen's Bench pronounced on the day of _199_.

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(b) The custody Order granted by the Honourable Mr./Madam Justice * * * ofthe Court of Queen's Bench pronounced on the day of _199_.

(c) The access Order granted by the Honourable Mr./Madam Justice *** ofthe Court of Queen's Bench pronounced on the day of _199_.

Particulars of the relief sought are as follows:

* STATE PRECISE RELIEF SOUGHT - the following are options only:

1. A retroactive variation of the respondent's obligation to pay maintenancefor the child(ren) of the marriage, namely:

* * *, born * * *;

to $*** per child per month.

2. A prospective variation of the respondent's obligation to pay support for the

said children of the marriage from $*** per month to $*** per child per month.

3. A retroactive variation of the respondent's obligation to pay maintenance

for the remaining child of the marriage, namely ***, born ***, pursuant to section

17(1) (a) of the Divorce Act, to an amount that will comply with section 3( 1) (a) of

the Guidelines.

4. A prospective variation of the respondent's obligation to pay support for the

remaining child of the marriage, namely ***, pursuant to section 17(1 )(a) of the

Divorce Act, to an amount that will comply with section 3( 1) (a) of the Guidelines.

- 3 -

5. To obtain an order requiring the respondent to pay an amount, to be

determined by this court, to cover the child's extraordinary expenses for

extracurricular activities and extraordinary expenses for primary and secondary

school education and for educational programs for the child, in accordance with

section 7(1 )(d) and (f) of the Guidelines.

ON THE FOLLOWING GROUNDS:

(set forth a brief description of the change in circumstances, including the

identity of the person whose circumstances have changed, which the

applicant relies upon to justify the relief claimed)

1. Pursuant to section 14(a) of the Guidelines the amount of child support that

the respondent should be paying greatly exceeds the amount he currently pays

under the existing support order.

2. The child is involved in extracurricular activities and pursuant to section

7(1 )(d) and (f) of the Guidelines the respondent should pay his proportionate

share.

3. In support of the application will be read the applicant's Affidavit and

Financial Statement.

4. Whether or not you oppose this application, you are to deliver a Financial

Statement in Form 67 on or before the return date of this application, unless you

obtain an Order otherwise, and, if you wish to oppose the application, you are to

deliver an Affidavit in reply on or before the return date.

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5. If you do not oppose this application, an Order may be made in your

absence and enforced against you. YOU WILL NOT RECEIVE FURTHER NOTICE

OF THE APPLICATION.

DATED at Regina, Saskatchewan, this __ day of ____,199_.

GATES & COMPANY

Per:

Solicitors for theApplicant (Petitioner)

This document was delivered by:

GATES & COMPANYBarristers and SolicitorsAvonhurst Plaza31 32 Avonhurst DriveREGINA, SaskatchewanS4R 3J7and the address for service is the same as above.

Lawyer in charge of the file:Telephone:

*(306) 949-5544

TAB "27-2"

D.I.V./F.L.D. No. * * * of 19* *.

IN THE QUEEN'S BENCH FOR SASKATCHEWAN(Family Law Division)

JUDICIAL CENTRE OF REGINA

BETWEEN:*** ,

Applicant(Petitioner/Respondent by Counter-Petition)

AND:

*** ,

Respondent(Respondent/Petitioner by Counter-Petition)

ORDER

BEFORE THE HONOURABLEJUSTICE

IN CHAMBERS

ON DAY, THE____ DAY OF

, 19**.------

UPON THE APPLICATION of counsel forthe applicant (respondent/petitioner

by counter-petition), ***, and upon reading the material filed and upon hearing

counsel for the applicant and the respondent, it is hereby ordered and adjudged:

1. THATthe Order/Judgment made by the Honourable Mr./Madam Justice * * *

on the * * * day of * * *, 19* *, be and the same is varied in accordance with this

Order.

) 2. THAT the applicant shall have custody of the child, * * *, born * * *, 19* * .

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3. THAT the respondent shall have access to the said child at such times and

for such duration as the parties hereto may mutually agree to in advance.

4. THAT the maintenance provisions pertaining to the said child, * * *, as

contained in the said Order/Judgment are hereby eliminated effective from and

including November 1, 19* *.

5 . THAT the respondent's gross annual income is found to be $ * * * .

6. THAT the respondent shall pay to the applicant the sum of $ * * * for the

maintenance of the following children:

* * names and dates of birth * * ,

commencing on the 1st day of * * *, 19* *, and payable on the first day of each

and every month thereafter, until there are no longer **NUMBER OF CHILDREN

SUPPORT IS CURRENTLY BEING PAID FOR* * children within the meaning of the

Divorce Act.

7. THAT in addition to the amounts ordered to be paid pursuant to paragraph

6, the respondent shall pay to the applicant pursuant to Section 7(1 )(***) of the

Guidelines the additional sum of $ * * * per month, commencing the first day of

* * *, 19**, and continuing on the first day of each and every month thereafter

until further order of this court or written agreement between the parties. The

within award is based upon the following:

(a) The applicant **if parties agreed to amount of gross income use thisoption - by agreement of the parties having a gross annual incomeof $ * * *, * *if income determined by court use this option -havingbeen found to have a gross annual income of $ * * *;

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(b) Child care expenses pursuant to 7(1 )(a) of the Guidelines have beendetermined to be $***. After accounting for tax credits, etc.,pursuant to Section 7(3), the respondent's share is $***.

(c) Extra-ordinary expenses pursuant to 7(1 )(f) of the Guidelines havebeen determined to be $***.

ISSUED at Regina, Saskatchewan, this __ day of * * *, 19* *.

(Seal)Local Registrar.

This document was delivered by:

GATES & COMPANYBarristers and SolicitorsAvonhurst Plaza3132 Avonhurst DriveREGINA, SaskatchewanS4R 3J7

and the address for service is the same as above.

)

Lawyer in charge of the file:Telephone:

***(306) 949-5544

)/

CANADA

A Consolidation of

THEDIVORCE ACT

DEPARTMENT OF JUSTICECANADA

G.ATES B.:..--co.L/l..\fJ OFr-lvE

REG\NA -' SAsK.

Consolidated as of May 1, 1997

'. '

Dimrce Ac{

R.S., 1985, c. 3 (2nd Supp.)

[D-3.4]

An Act respecting divorce and corollary relief

[1986, c. 4, assented to13th February, 1986]

SHORT TITLE

Short title

1. This Act may be cited as the Divorce Act.

INTERPRETATION

Definitions

2. (1) In this Act,

"age of majority"« majeur»

"age of majority", in respect ofa child, means the age of majority as detennined by the laws of theprovince where the child ordinarily resides, or, if the child ordinarily resides outside of Canada,eighteen years ofage;

"appellate court"«cour d'appel»

"appellate court", in respect of an appeal from a court, means the court exercising appellatejurisdiction with respect to that appeal;

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"applicahk' guidelines"« /ignes direc/rices applicables »

"applicahk guidelines" means

(a) where both spouses or fonner spouses are ordinarily resident in the same province at thetime an application for a child support order or a variation order in respect of a child supportorder is made. or the amount of a child support order is to be recalculated pursuant to section15.1. and that province has been designated by an order made under subsection (5), the lawsof the province specified in the order, and

(h) in any other case, the Federal Child Support Guidelines;

"child of the marriage"(len(a11l (I clwr~e». ,

"child of the marriage" means a child of two spouses or fonner spouses who, at the material time,

(a) is under the age of majority and who has not withdrawn from their charge, or

(b) is the age of majority or over and under their charge but unable, by reason of illness,disability or other cause, to withdraw from their charge or to obtain the necessaries of life;

"child support order"« ordonnance alimen/aire au profit d'un enfant»

"child support order" means an order made under subsection 15.1 (l);

"corollary relief proceeding"« action en mesures accessoires »

"corollary relief proceeding" means a proceeding in a court in which either or both fonner spousesseek a child support order, a spousal support order or a custody order;

"court"«tribunal»

"court", in respect ofa province, means

(a) for the Province of Ontario, the Ontario Court (General Division),

(a. 1) for the Province of Prince Edward Island or Ne'hfoundland. the trial division of theSupreme Court of the Province, .

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(h) for tlk' Provinct: of Quebec, the Superior Court,

(c) for the Provinces of Nova Scotia and British Columbia, the Supreme Court of theProvince.

(d) for the Province of New Brunswick, Manitoba, Saskatchewan or Alberta, the Court ofQueen's Bench for the Province, and

(e) for the Yukon Territory or the Northwest Territories, the Supreme Court thereof,

and includes such other court in the province the judges of which are appointed by the GovernorGeneral as is designated by the Lieutenant Governor in Council of the province as a court for thepurposes of this Act;

"custody"«garde»

"custody" includes care. upbringing and any other incident of custody;

"custody order"«ordonnance de garde»

"custody order" means an order made under subsection 16(1);

"divorce proceeding"« action en di\'Orce »

"divorce proceeding" means a proceeding in a court in which either or both spouses seek a divorcealone or together with a child support order, a spousal support order or a custody order;

"Federal Child Support Guidelines"« /ignes directrices federales sur les pensions alimentaires pour enfants »

"Federal Child Support Guidelines" means the guidelines made under section 26.1;

"provincial child support service"« service provincial des aliments pour enfants »

"provincial child support service" means any service, agency or body designated in an agreementwith a province under subsection 25.1(1);

- 3 -

Di\'()rcL' Act

"spousal suppon order"« ordonnance alimentaire au profit d'un epoux »

"spousal suppon order" means an order made under subsection 15.2(1);

. "spouse"«epoux»

"spouse" means either of a man or woman who are married to each other;

"support order"« ordonnance alimentaire »

"suppon order" means a child support order or a spousal support order;

"variation order"«ordonnance modificative»

"variation order" means an order made under subsection 17(1);

"variation proceeding" ;«action en modification»

"variation proceeding" means a proceeding in a court in which either or both former spouses seek avariation order.

Child of the marriage

(2) For the purposes of the definition "child of the marriage" in subsection (1), a child of twospouses or fonner spouses includes

(a) any child for whom they both stand in the place ofparents; and

(b) any child of whom one is the parent and for whom the other stands in the place ofa parent.

Term not restrictive

(3) The use of the term "application" to describe a proceeding under this Act in a court shall notbe construed as limiting the name under which and the fonn and marmer in which that proceedingmay be taken in that court, and the name, manner and fonn of the proceeding in that court shall besuch as is provided for by the rules regulating the practice and procedure in that court.·

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(4) The use in section 21.1 of the terms "affidavit" and "pleadings" to describe documents shallnot be construed as limiting the name that may be used to refer to those documents in a court andthe form of those documents, and the name and form of the documents shall be such as is providedfor by the rules regulating the practice and procedure in that court.

Provincial child support guidelines

(5) The Governor in Council may, by order, designate a province for the purposes of thedefinition "applicable guidelines" in subsection (1) if the laws of the province establishcomprehensive guidelines for the determination of child support that deal with the matters referredto in section 26.1. The order shall specify the laws of the province that constitute the guidelines ofthe province.

Amendments included

(6) The guidelines of a province referred to in subsection (5) include any amendments made tothem from time to time.

R.S., 1985, c. 3 (2nd Supp.), s. 2, c. 27 (2nd Supp.), s. 10; 1990, c. 18, s. 1; 1992, c. 51, s. 46; 1997,c. 1, s. 1.

JURISDICTION

Jurisdiction in divorce proceedings

3. (1) A court in a province has jurisdiction to hear and determine a divorce proceeding if eitherspouse has been ordinarily resident in the province for at least one year immediately preceding thecommencement of the proceeding.

Jurisdiction where two proceedings commenced on different days

(2) Where divorce proceedings between the same spouses are pending in two courts that wouldotherwise have jurisdiction under subsection (1) and were commenced on different days and theproceeding that was commenced first is not discontinued within thirty days after it wascommenced, the court in which a divorce proceeding was commenced first has exclusivejurisdiction to hear and determine any divorce proceeding then pending between the spouses andthe second divorce proceeding shall be deemed to be disc~mtinued.

- 5 -

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Jurisdiction where two proceedings commenced on same day

(3) Where divorce proceedings between the same spouses are pending in two courts that wouldotherwise have jurisdiction under subsection (1) and were commenced on the same day and neitherproceeding is discontinued within thirty days after it was commenced, the Federal Court,TrialDivision has exclusive jurisdiction to hear and determine any divorce proceeding then pendingbetween the spouses and the divorce proceedings in those courts shall be transferred to the FederalCourt.Trial Division on the direction of that Court.

Jurisdiction in corollary relief proceedings

4. (1) A court in a province has jurisdiction to hear and determine a corollary relief proceeding if

(a) either former spouse is ordinarily resident in the province at the commencement of theproceeding: or

(b) both former spouses accept the jurisdiction of the court.

Jurisdiction where two proceedings commenced on different days)

(2) Where corollary relief proceedings between the same former spouses and in respect of thesame maner are pending in two courts that would otherwise have jurisdiction under subsection (1): 'id were conunenced on different days and the proceeding that was commenced first is notdiscontinued within thirty days after it was commenced, the court in which a corollary reliefproceeding was commenced first has exclusive jurisdiction to hear and determine any corollaryrelief proceeding then pending between the former spouses in respect of that matter and the secondcorollary relief proceeding shall be deemed to be discontinued.

Jurisdiction where two proceedings commenced on same day

(3) 'Wbere proceedings between the same former spouses and in respect of the same matter arepending in two courts that would otherwise have jurisdiction under subsection (l) and wereconunenced on the same day and neither proceeding is discontinued within thirty days after it wascommenced, the Federal Court,Trial Division has exclusive jurisdiction to hear and determine anycorollary relief proceeding then pending between the former spouses in respect of that matter andthe corollary relief proceedings in those courts shall be transferred to the Federal Court,TrialDivision on the direction of that Court.

R.S., 1985, c. 3 (2nd Supp.), s. 4; 1993, c. 8, s. 1.

- 6 -

, ..Dim!"c," ,·kr

Jurisdiction in variation proceedings

5. (1) A court in a province has jurisdiction to hear and detennine a variation proceeding if

(a) either [omler spouse is ordinarily resident in the province at the commencement of theproceeding: or

(h) both former spouses accept the jurisdiction of the court.

Jurisdiction where two proceedings commenced on different days

(2) Where variation proceedings between the same fonner spouses and in respect of the samemaner are pending in two courts that would otherwise have jurisdiction under subsection (1) andwere commenced on different days and the proceeding that was commenced first is notdiscontinued within thirty days after it was commenced, the court in which a variation proceedingwas commenced first has exclusive jurisdiction to hear and determine any variation proceeding thenpending between the fonner spouses in respect of that matter and the second variation proceedingshall be deemed to be discontinued.

Jurisdiction where two proceedings commenced on same day

(3) \Vhere variation proceedings between the same former spouses and in respect of the samemaner are pending in two courts that would otherwise have jurisdiction under subsection (1) andwere commenced on the same day and neither proceeding is discontinued within thirty days after itwas commenced. the Federal Court.Trial Division has exclusive jurisdiction to hear and determineany variation proceeding then pending between the fonner spouses in respect of that matter and thevariation proceedings in those courts shall be transferred to the Federal Court,Trial Division on thedirection of that Court.

Transfer of divorce proceeding where custody application

6. (1) Where an application for an order under section 16 is made in a divorce proceeding to acourt in a province and is opposed and the child of the marriage in respect of whom the order issought is most substantially connected with another province, the court may, on application by aspouse or on its own motion, transfer the divorce proceeding to a court in that other province.

Transfer of corollary relief proceeding where custody application

(2) Where an application for an order under section 16 is made in a corollary relief proceeding toa' court in a province and is opposed and the child of the marriage in respect of whom the order issought is most substantially connected with another province, the court may, on application by afonner spouse or on its ovm motion, transfer the corollary relief proceeding to?- court in that otherprovince.

- 7 -

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Dil'(}1"cL' ..leI

Transfer of variation proceeding where custody application

(3) V/here an application for a variation order in respect of a custody order is made in a variationproceeding to a court in a province and is opposed and the child of the marriage in respect of whomthe variation order is sought is most substantially connected with another province, the court may,on application by a former spouse or on its own motion, transfer the variation proceeding to a courtin that other province.

Exclusive jurisdiction

(4) Notwithstanding sections 3 to 5, a court in a province to which a proceeding is transferredunder this section has exclusive jurisdiction to hear and detennine the proceeding.

Exercise of jurisdiction by judge

7. The jurisdiction conferred on a court by this Act to grant a divorce shall be exercised only bya judge of the court without a jury.

DIVORCE

Divorce

8. (1) A court of competent jurisdiction may, on application by either or both spouses, grant adivorce to the spouse or spouses on the ground that there has been a breakdown of their marriage.

Breakdown of marriage

(2) Breakdo\\TI of a marriage is established only if

(a) the spouses have lived separate and apart for at least one year immediately preceding thedetermination of the divorce proceeding and were living separate and apart at thecommencement of the proceeding; or

(b) the spouse against whom the divorce proceeding is brought has, since celebration of themamage,

(i) commined adultery, or

(ii) treated the other spouse with physical or mental cruelty of such a kind as to renderintolerable the continued cohabitation of the spouses.

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Calculation of period of separation

(3) For the purposes of paragraph (2)(0).

(0) spouses shall be deemed to have lived separate and apart for any period during which theylived apart and either of them had the intention to live separate and apart from the other; and

(h) a period during which spouses have lived separate and apart shall not be considered to havebeen interrupted or terminated

(i) by reason only that either spouse has become incapable of forming or having an intentionto continue to live separate and apart or of continuing to live separate and apart of thespouse's own volition, if it appears to the court that the separation would probably havecontinued if the spouse had not become so incapable, or

(ii) by reason only that the spouses have resumed cohabitation during a period oft or periodstotalling. not more than ninety days with reconciliation as its primary purpose.

Duty of legal adviser

9. (I) It is the duty of every barrister, solicitor, lawyer or advocate who undertakes to act onbehalf of a spouse in a divorce proceeding

(0) to draw to the attention of the spouse the provisions of this Act that have as their object thereconciliation of spouses, and

(b) to discuss with the spouse the possibility of the reconciliation of the spouses and to informthe spouse of the marriage counselling or guidance facilities known to him or her that might beable to assist the spouses to achieve a reconciliation,

unless the circumstances of the case are of such a nature that it would clearly not be appropriate todo so.

Idem

(2) It is the duty of every barrister, solicitort lawyer or advocate who undertakes to act on behalfof a spouse in a divorce proceeding to discuss with the spouse the advisability of neg~tiating thematters that may be the subject ofa support order or a cU$.tody order and to inform the spouse of themediation facilities known to him or her that might be able to assist the spouses in negotiating thosematters.

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Certifica tion

(3) Every document presented to a court by a barrister, solicitor, lawyer or advocate thatformally commences a divorce proceeding shall contain a statement by him or her certifying that he

. or she has complied with this section.

Du~' of court, reconciliation

10. (1) In a divorce proceeding, it is the duty of the court, before considering the evidence, tosatisfy itself that there is no possibility of the reconciliation of the spouses, unless the circumstancesof the case are of such a nature that it would clearly not be appropriate to do so.

Adjournment

(2) \\'bere at any stage in a divorce proceeding it appears to the court from the nature of the case,the evidence or the attitude of either or both spouses that there is a possibility of the reconciliationof the spouses, the court shall

(a) adjourn the proceeding to afford the spouses an opportunity to achieve a reconciliation; and

(b) with the consent of the spouses or in the discretion of the court, nominate

(i) a person with experience or training in marriage counselling or guidance, or

(ii) in special circumstances, some other suitable person,

to assist the spouses to achieve a reconciliation.

Resumption

(3) Where fourteen days have elapsed from the date of any adjoununent under subsection (2),the court shall resume the proceeding on the application of either or both spouses.

Nominee not competent or compellable

(4) No person nominated by a court under this section to assist spouses to achieve areconciliation is competent or compellable in any legal proceedings to disclose any admission orcommunication made to that person in his or her capacity as a nominee of the court for thatpurpose.

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Evidcncr not admissible

(5) E\'id~nce of anything said or of any admission or communication made in the course ofassisting spouses to achieve a reconciliation is not admissible in any legal proceedings.

Du~' of court, bars

11. (1) In a divorce proceeding, it is the duty ofthe court

(a) to satisfy itself that there has been no collusion in relation to the application for a divorce andto dismiss the application if it finds that there was collusion in presenting it;

(h) to satisfy itself that reasonable arrangements have been made for the support of any childrenof the marriage. having regard to the applicable guidelines, and, if such arrangements have notbeen made. to stay the granting of the divorce until such arrangements are made; and

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(c) where a divorce is sought in circumstances described in paragraph 8(2)(b), to satisfy itselfthat there has been no condonation or connivance on the part of the spouse bringing theproceeding. and to dismiss the application for a divorce if that spouse has condoned or connivedat the act or conduct complained of unless, in the opinion of the court, the public interest wouldbe better served by granting the divorce.

Revival

(2) Any act or conduct that has been condoned is not capable of being revived so as to constitutea circumstance described in paragraph 8(2)(b).

Condonation

(3) For the purposes of this section. a continuation or resumption of cohabitation during a periodof. or periods totalling. not more than ninety days with reconciliation as its primary purpose shallnot be considered to constitute condonation.

Definition of"collusion"

(4) In this section, "collusion" means an agreement or conspiracy to which an applicant for adivorce is either directly or indirectly a party for the purpose of subverting the administration ofjustice, and includes any agreemeht, understanding or arrangement to fabricate or suppressevidence or to deceive the court, but does not include an agreement to the extent that it provides forseparation between the parties, financial support, division of property or the custody of any child ofthe marriage.

~.s .. 1985. c. 3 (2nd Supp.), s. 11; 1997, c. 1, s. 1.1.

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Effcctivc date generally

12. (1) Subject to this section, a divorce takes effect on the thirty-first day after the day onwhich the judgment granting the divorce is rendered.

Special circumstances

(2) \\'here. on or after rendering a judgment gr:-''1ting a divorce,

(a) the court is of the opinion that by reason of special circumstances the divorce should takeeffect earlier than the thirty-first day after the cay on which the judgment is rendered, and

(b) the spouses agree and undertake that no appeal from the judgment will be taken, or anyappeal from the judgment that was taken has teen abandoned,

the court may order that the divorce takes effect c. such earlier time as it considers appropriate.

Effecth'e date where appeal

(3) A divorce in respect of which an appeal ; pending at the end of the period referred to insubsection (1). unless voided on appeal, takes ef :ct on the expiration of the time fixed by law forj;1"tituting an appeal from the decision on that [peal or any subsequent appeal, if no appeal hasb~~n instituted within that time.

Certain extensions to be counted

(4) For the purposes of subsection (3), the t::ne fixed by law for instituting an appeal from adecision on an appeal includes any extension th:::eoffixed pursuant to law before the expiration ofthat time or fixed thereafter on an application ins -.ituted before the expiration of that time.

No late extensions of time for appeal

(5) Notwithstanding any other law, the tim: fixed by law for instituting an appeal from adecision referred to in subsection (3) may not b:: extended after the expiration of that time, excepton an application instituted before the expiratior. of that time.

Effective date where decision of Supreme Court of Canada

(6) A divorce in respect of which an appeal has been taken to the Supreme Court of Canada,unless voided on the appeal, takes effect on the day on which the judgment on the appeal isrendered.

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Certificate of divorce

(7) Where a divorce takes effect in accordance with this section, a judge or officer of the courtthat rendered the judgment granting the divorce or, where that judgment has been appealed, of theappellate court that rendered the judgment on the final appeal, shall, on request, issue to any persona certificate that a divorce granted under this Act dissolved the marriage of the specified personseffective as of a specified date.

Conclusin proof

(8) A certificate referred to in subsection (7), or a certified copy thereof, is conclusive proof ofthe facts so certified without proof of the signature or authority of the person appearing to havesigned the certificate.

Legal effect throughout Canada

13. On taking effect, a divorce granted under this Act has legal effect throughout Canada.

Marriage dissolved

14. On taking effect, a divorce granted under this Act dissolves the marriage ofthe spouses.

COROLLARY RELIEF

Interpretation

Definition of "spouse"

15. In sections 15.1 to 16, "spouse" has the meaning assigned by subsection 2(1)~ aDci'includes afonner spouse.

R.S., 1985, c. 3 (2nd Supp.), s. 15; 1997, c. 1, s. 2.

Child Support Orders

Child support order

15.1 (1) A court of competent jurisdiction may, on application by either or both spouses, makean order requiring a spouse to pay for the support ofany or all children of the marriage.

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Interim order

(2) Where an application is made under subsection (l), the court may, on application by either orboth spouses. make an interim order requiring a spouse to pay for the support of any or all childrenof the marriage. pending the determination of the application under subsection (1).

Guidelines apply

(3) A court making an order under subsection (1) or an interim order under subsection (2) shalldo so in accordance \\<ith the applicable guidelines.

Terms and conditions

(4) The court may make an order under subsection (1) or an interim order under subsection (2)for a definite or indefinite period or until a specified event occurs, and may impose tenns,conditions or restrictions in connection with the order or interim order as it thinks fit and jus~,

Court may take agreement, etc., into account

(5) Notwithstanding subsection (3), a court may award an amount that is different from theamount that would be determined in accordance with the applicable guidelines if the court issatisfied

(a) that special provisions in an order, a judgment or a wrinen agreement respecting the financialobligations of the spouses, or the division or transfer of their property, directly or indirectlybenefit a child. or that special provisions have otherwise been made for the benefit of a child;and

(b) that the application of the applicable guidelines would result in an amount of child supportthat is inequitable given those special provisions.

Reasons

(6) Where the court awards, pursuant to subsection (5), an amount that is different from theamount that would be detennined in accordance with the applicable guidelines, the court shallrecord its reasons for having done so.

Consent orders

(7) Notwithstanding subsection (3), a court may award an amount that is different from theamount that would be determined in accordance with the applicable guidelines on the consent ofboth spouses if it is satisfied that reasonable arrangements have been made for the support of thechild to whom the order relates.

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R('11S0nabl(' arrangements

(8) For the purposes of subsection (7). in determining whether reasonable arrangements havebeen made for the support of a child, the court shall have regard to the applicable guidelines.However. the court shall not consider the arrangements to be unreasonable solely because theamount of support agreed to is not the same as the amount that would otherwise have beendetermined in accordance with the applicable guidelines.

1997. c. 1. s. 2.

Spousal Support Orders

Spousal support order

15.2 (I) A court of competent jurisdiction may, on application by either or both spouses, makean order requiring a spouse to secure or pay, or to secure and pay, such lump sum or periodic sums,or such lump sum and periodic sums, as the court thinks reasonable for the support of the otherspouse.

Interim order

(2) \Vbere an application is made under subsection (1), the court may, on application by either orboth spouses. make an interim order requiring a spouse to secure or pay, or to secure and pay, suchlump sum or periodic sums. or such lump sum and periodic sums, as the court thinks reasonable forthe support of the other spouse, pending the determination of the application under subsection (1).

Terms and conditions

(3) The court may make an order under subsection (1) or an interim order under subsection (2)for a definite or indefinite period or until a specified event occurs, and may impose terms,conditions or restrictions in connection with the order as it thinks fit and just.

Factors

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(4) In making an order under subsection (l) or an interim order under subsection (2), the courtshal! take into consideration the condition, means, needs and other circumstances of each spouse,including

(0) the length of time the spouses cohabited;

(b) the functions performed by each spouse during cohabitation; and

(c) any order, agreement or arrangement relating to support ofeither spouse.

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) Spousal misconduct

(5) In making an order under subsection (1) or an interim order under subsection (2), the courtshall not take into consideration any misconduct ofa spouse in relation to the marriage.

Objectives of spousal support order

(6) An order made under subsection (1) or an interim order under subsection (2) that providesfor the suppon ofa spouse should

(a) recognize any economic advantages or disadvantages to the spouses arising from themaniage or its breakdown;

(b) apponion between the spouses any financial consequences arising from the care of any childofthe marriage over and above any obligation for the support ofany child ofthe marriage;

(c) relieve any economic hardship of the spouses arising from the breakdown of the marriage;and

(d) in so far as practicable, promote the economic self-sufficiency of each spouse within areasonable period oftime.

1997, c. 1, s. 2.

Priority

Priority to child support

15.3 (1) Where a court is considering an application for a child support order and an applicationfor a spousal suppon order, the court shall give priority to child support in determining theapplications.

Reasons

(2) Where, as a result of giving priority to child support, the court is unable to make a spousalsuppon order or the court makes a spousal support order in an amount that i~.less than it otherwisewould have been, the court shall record its reasons for having done so.

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Consequences of reduction or termination of child support order

(3) \Vhere. as a result of giving priority to child support, a spousal support order was not made,or the amount of a spousal support order is less than it otherwise would have been, any subsequentreduction or tennination of that child support constitutes a change ofcircumstances for the purposesof applying for a spousal support order, or a variation order in respect of the spousal support order,as the case may be.

1997. c. 1. s. 2.

Custody Orders

Order for custody

16. (l) A court of competent jurisdiction may, on application by either or both spouses or byany other person. make an order respecting the custody of or the access to, or the custody of andaccess to, any or all children of the marriage.

Interim order for custody

(2) \\'here an application is made under subsection (1), the court may, on application by either orboth spouses or by any other person, make an interim order respecting the custody of or the accessto, or the custody of and access to, any or all children of the marriage pending determination of theapplication under subsection (1).

Application by other person

(3) A person. other than a spouse, may not make an application under subsection (l) or (2)without leave of the court.

Joint custody or access

(4) The court may make an order under this section granting custody of, or access to, any or allchildren of the marriage to anyone or more persons.

Access

(5) Unless the court orders otherwise, a spouse who is granted access to a child of the marriagehas the right to make inquiries, and to be given information, as to the health, education and welfareof the child.

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Terms and conditions

(6) The court may make an order under this section for a definite or indefinite period or until thehappening of a specified event and may impose such other tenns, conditions or restrictions inconnection therewith as it thinks fit and just.

Order respecting change of residence

(7) Without limiting the generality of subsection (6), the court may include in an order under thissection a tenn requiring any person who has custody of a child of the marriage and who intends tochange the place of residence of that child to notify, at least thirty days before the change or withinsuch other period before the change as the court may specify, any person who is granted access tothat child of the change. the time at which the change will be made and the new place of residenceof the child.

Factors

(8) In making an order under this section, the court shall take into consideration only the bestinterests of the child of the marriage as detennined by reference to the condition, means, needs andother circumstances of the child.

Past conduct

(9) In making an order under this section. the court shall not take into consideration the pastconduct of any person unless the conduct is relevant to the ability of that person to act as a parent ofa child.

Maximum contact

(l0) In making an order under this section, the court shall give effect to the principle that a childof the marriage should have as much contact with each spouse as is consistent with the bestinterests of the child and, for that purpose, shall take into consideration the willingness of theperson for whom custody is sought to facilitate such contact.

Variation, Rescission or Suspension ,ojOrders

Order for variation, rescission or suspension

. 17, (I) A court of competent jurisdiction may make an order varying, rescinding or suspending,prospectively or retroactively,

(a) a support order or any provision thereof on application by either or both former spouses; or

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(h) a custody order or any provision thereof on application by either or both fonner spouses or

by any other person.

Application by other person

(2) A person. other than a fonner spouse, ·may not make an application under paragraph (l)(b)without leave of the court.

Terms and conditions

(3) The court may include in a variation order any provision that under this Act could have beenincluded in the order in respect of which the variation order is sought.

Factors for child support order

(4) Before the court makes a variation order in respect of a child support order, the court shallsatisfy itself that a change of circumstances as provided for in the applicable guidelines hasoccurred since the making of the child support order or the last variation order made in respect ofthat order.

Factors for spousal support order

(4.1) Before the court makes a variation order in respect of a spousal support order, the courtshall satisfy itself that a change in the condition, means, needs or other circumstances of eitherfonner spouse has occurred since the making of the spousal support order or the last variation ordermade in respect of that order, and, in making the variation order, the court shall take that changeinto consideration.

Factors for custody order

(5) Before the court makes a variation order in respect of a custody order, the court shall satisfyitself that there has been a change in the condition, means, needs or other circumstances of the childof the marriage occurring since the making of the custody order or the last variation order made inrespect ofthat order, as the case may be, and, in making the variation order, the court shall take intoconsideration only the best interests of the child as detennined by reference to that change.

Conduct

(6) In making a variation order, the court shall not take into consideration any conduct that underthis Act could not have been considered in making the order in respect of which the variation orderis sought.

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Guidelines apply

(6.1) A court making a variation order in respect of a child support order shall do so In

accordance \\;th the applicable guidelines.

Court may take agreement, etc., into account

(6.2) Notwithstanding subsection (6.1), in making a variation order in respect ofa child supportorder. a court may award an amount that is different from the amount that would be determined inaccordance with the applicable guidelines if the court is satisfied

(a) that special provisions in an order, a judgment or a written agreement respecting the financialobligations of the spouses. or the division or transfer of their property, directly or indirectlybenefit a child. or that special provisions have otherwise been made for the benefit of a child;and

(b) that the application of the applicable guidelines would result in an amount of child supportthat is inequitable given those special provisions.

Reasons

(6.3) 'Where the court awards, pursuant to subsection (6.2), an amount that is different from theamount that would be determined in accordance with the applicable guidelines, the court shallrecord its reasons for having done so.

Consent orders

(6.4) Notwithstanding subsection (6.1), a court may award an amount that is different from theamount that would be determined in accordance with the applicable guidelines on the consent ofboth spouses if it is satisfied that reasonable arrangements have been made for the support of thechild to whom the order relates.

Reasonable arrangements

(6.5) For the purposes of subsection (6.4), il":determining whether reasonable arrangements havebeen made for the. support of a child, the court shall have regard to the applicable guidelines.However, the court shall not consider the arrangements to be unreasonable solely because theamount of support agreed to is not the same as the amount that would otherwise have beendetermined in accordance \\ith the applicable guidelines.

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Objectives of variation order varying spousal support order

(7) A variation order varying a spousal support order should

(0) recognize any economic advantages or disadvantages to the fonner spouses arising from themarriage or its breakdown;

(b) apportion between the fonner spouses any financial consequences arising from the care ofany child of the marriage over and above any obligation for the support of any child of themamage:

(c) relieve any economic hardship of the fonner spouses arising from the breakdown of themarriage: and

(d) in so far as practicable, promote the economic self-sufficiency of each fonner spouse withina reasonable period oftime.

(8) [Repealed. 1997. c. I. s. 5]

Maximum contact

(9) In making a variation order varying a custody order, the court shall give effect to theprinciple that a child of the marriage should have as much contact with each fonner spouse as isconsistent with the best interests of the child and, for that purpose, where the variation order wouldgrant custody of the child to a person who does not currently have custody, the court shall take intoconsideration the v.illingness of that person to facilitate such contact.

Limitation

(l0) Notwithstanding subsection (l), where a spousal support order provides- for support for adefinite period or until a specified event occurs, a court may not, on an application instituted afterthe expiration of that period or the occurrence of the event, make a variation order for the purposeof resuming that support unless the court is satisfied that

(0) a variation order is necessary to relieve economic hardship arising from a change describedin subsection (4. i) that is related to the marriage; and

(b) the changed circumstances, had they existed at the time of the making of the spousal supportorder or the last variation order made in respect of that order, as the case may be, would likelyhave resulted in a different order.

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) Copy of order

(1 1) Where a court makes a variation order in respect of a support order or a custody ordermade by another court. it shall send a copy of the variation order, certified by a judge or officer ofthe court. to that other court.

R.S.. 1985. c. 3 (2nd Supp.), s. 17~ 1997, c. 1, s. 5.

Variation order by affidavit, etc.

17.1 Where both former spouses are ordinarily resident in different provinces, a court ofcompetent jurisdiction may, in accordance with any applicable rules of the court, make a variationorder pursuant to subsection 17(1) on the basis of the submissions of the former spouses, whetherpresented orally before the court or by means of affidavits or any means of teleco~unication,ifboth former spouses consent thereto.

1993, c. 8. s. 2.

Provisional Orders

Definitions

18. (l) In this section and section 19,

"Anomey General"«procureur general»

"Anomey General", in respect ofa province, means

(a) for the Yukon Territory, the member of the Council of the Yukon Territory designated bythe Commissioner of the Yukon Territory,

(b) for the Northwest Territories, the member of the Council of the Northwest Territoriesdesignated by the Commissioner of the Northwest Territories, and

(c) for the other provinces, the Attorney General ofthe province,.and includes any person authorized in writing by the member or Attorney General to act for themember or Attorney General in the performance ofa function under this section or section 19;

)

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"pro\'isional order"«ordol1lwnce condiI iOJ7ncllc»

"provisional order" means an order made pursuant to subsection (2).

Provisional order

(2) Notwithstanding paragraph 5(1)(a) and subsection 17(1), where an application is made to acourt in a province for a variation order in respect of a support order and

(a) the respondent in the application is ordinarily resident in another province and has notaccepted the jurisdiction of the court, or both former spouses have not consented to theapplication of section 17.1 in respect of the matter, and

(b) in the circumstances of the case, the court is satisfied that the issues can be adequatelydetermined by proceeding under this section and section 19,

the court shall make a variation order with or without notice to and in the absence of therespondent, but such order is provisional only and has no legal effect until it is confirmed in aproceeding under section 19 and, where so confirmed, it has legal effect in accordance with theterms of the order confirming it.

Transmission

(3) \\'here a court in a province makes a provisional order, it shall send to the Attorney Generalfor the province

(a) three copies of the provisional order certified by ajudge or officer of the court;

(b) a certified or sworn document setting out or summarizing the evidence given to the court;and

(c) a statement giving any available information respecting the identification, location, incomeand assets of the respondent.

Idem

(4) On receipt of the documents referred to in subsection (3), the Attorney General shall send thedocuments to the Attorney General "for the province in which the respondent is ordinarily resident.

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Further evidence

(5) \Vhere, during a proceeding under section 19, a court in a province remits the matter back forfurther evidence to the court that made the provisional order, the court that made the order shall,after giving notice to the applicant, receive further evidence.

Transmission

(6) \\'here evidence is received under subsection (5), the court that received the evidence shallforward to the court that remitted the matter back a certified or sworn document setting out orsummarizing the evidence, together with such recommendations as the court that received theevidence considers appropriate.

R.S., 1985, c. 3 (2nd Supp.), s. 18; 1993, c. 8, s. 3.

Transmission

19. (1) On receipt of any documents sent pursuant to subsection 18(4), the Attorney General forthe province in which the respondent is ordinarily resident shall send the documents to a court inthe province.

Procedure

(2) Subject to subsection (3), where documents have been sent to a court pursuant to subsection(1), the court shall serve on the respondent a copy of the documents and a notice of a hearingrespecting confirmation of the provisional order and shall proceed with the hearing, in the absenceof the applicant, taking into consideration the certified or sworn document setting out orsummarizing the evidence given to the court that made the provisional order.

Return to Attorney General

(3) \\'here documents have been sent to a court pursuant to subsection (1) and the respondentapparently is outside the province and is not likely to return, the court shall send the documents tothe Attorney General for that province, together with any available infonnation respecting thelocation and circumstances of the respondent.

Idem

. (4) On receipt of any documents and information sent pursuant to subsection (3), the AttorneyGeneral shall send the documents and information to the Attorney General for the province of thecourt that made the provisional order.

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Right of respondent

(5) In a proceeding under this section, the respondent may raise any matter that might have beenraised before the court that made the provisional order.

Further evidence

(6) Where. in a proceeding under this section, the respondent satisfies the court that for thepurpose of taking further evidence or for any other purpose it is necessary to remit the matter backto the court that made the provisional order, the court may so remit the matter and adjourn theproceeding for that purpose.

Order of confirmation or refusal

(7) Subject to subsection (7.1), at the conclusion of a proceeding under this section, the courtshall make an order

(a) confinning the provisional order without variation;

(b) confinning the provisional order with variation; or

(c) refusing confirmation of the provisional order.

Guidelines apply

(7.1 ) A court making an order under subsection (7) in respect ofa child support order shall do soin accordance with the applicable guidelines.

Further evidence

(8) The court, before making an order confinning the provisional order with variation or anorder refusing confirmation of the provisional order, shall decide whether to remit the matter backfor further evidence to the court that made the provisional order.

Interim order for support of children

(9) Where a court remits a matter pursuant to this section in relation to a child support order, thecourt may, pending the making of ail order under subsection (7), make an interim order inaccordance with the applicable guidelines requiring a spouse to pay for the support of any or allchildren of the marriage.

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Interim order for support of spouse

(9,1) Where a court remits a matter pursuant to this section in relation to a spousal support order,the court may make an interim order requiring a spouse to secure or pay, or to secure and pay, suchlump sum or periodic sums, or such lump sum and periodic sums, as the court thinks reasonable forthe support of the other spouse, pending the making of an order under subsection (7).

Terms and conditions

(10) The court may make an order under subsection (9) or (9.1) for a definite or indefinite periodor until a specified event occurs, and may impose tenns, conditions or restrictions in connectionwith the order as it thinks fit and just.

Provisions applicable

(11) Subsections 17(4), (4.1) and (6) to (7) apply, with such modifications as the circumstancesrequire. in respect of an order made under subsection (9) or (9.1) as if it were a variation orderreferred to in those subsections.

Report and filing

(12) On making an order under subsection (7), the court in a province shall

(a) send a copy of the order. certified by a judge or officer of the court, to the Attorney Generalfor that province, to the court that made the provisional order and, where that court is not thecourt that made the support order in respect of which the provisional order was made, to thecourt that made the support order;

(b) where an order is made confirming the provisional order with or without variation, file theorder in the court; and

(c) where an order is made confirming the provisional order with vanatlon or refusingconfirmation of the provisional order, give written reasons to the Attorney General for thatprovince and to the court that made the provisional order.

R.S., 1985', c. 3 (2nd Supp.), s. 19; 1993, c. 8, s. 4; 1997, c. 1, s. 7.

Definition of "court"

20. (1) In this section, "court", in respect of a province, has the meaning assigned by subsection2(1) and includes such other court having jurisdiction in the province as is designated by the

) Lieutenant Governor in Council of the province as a court for the purposes of this section.

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Legal effect throughout Canada

(2) Subject to subsection 18(2), an order made under any of sections 15.1 to 17 or subsection19(7). (9) or (9.1) has legal effect throughout Canada.

Enforcement

(3) An order that has legal effect throughout Canada pursuant to subsection (2) may be

(a) registered in any court in a province and enforced in like manner as an order of that court; or

(b) enforced in a province in any other manner provided for by the laws of that province,including its laws respecting reciprocal enforcement between the province and a jurisdictionoutside Canada.

Variation of orders

(4) Notwithstanding subsection (3), a court may only vary an order that has legal effectthroughout Canada pursuant to subsection (2) in accordance with this Act.

R.S., 1985. c. 3 (2nd Supp.). s. 20; 1997, c. 1, s. 8.

Assignment of order

20.1 (1) A support order may be assigned to

(a) any minister of the Crown for Canada designated by the Governor in Council;

(b) any minister of the Crown for a province, or any agency in a province, designated by theLieutenant Governor in Council of the province;

(c) any member of the Council of the Yukon Territory, or any agency in the Yukon Territory,designated by the Commissioner ofthe Yukon Territory; or

(d) any member of the Council" of the Northwest Territories, or any agency in the NorthwestTerritories. designated by the Commissioner ofthe Northwest Territories.

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Dil'orn' Act

Rights

(2) A minister, member or agency referred to in subsection (1) to whom an order is assigned isentitled to the payments due under the order, and has the same right to be notified of, and toparticipate in, proceedings under this Act to vary, rescind, suspend or enforce the order as theperson who would otherwise be entitled to the payments.

1997. c. 1. s. 9.

APPEALS

Appeal to a,ppellate court

21. (1) Subject to subsections (2) and (3), an appeal lies to the appellate court from anyjudgment or order. whether final or interim, rendered or made by a court under this Act.

Restriction on divorce appeals

(2) No appeal lies from a judgment granting a divorce on or after the day on which the divorcetakes effect.

Restriction on order appeals

(3) No appeal lies from an order made under this Act more than thirty days after the day onwhich the order was made.

Extension

(4) An appellate court or a judge thereof may, on special grounds, either before or after theexpiration of the time fixed by subsection (3) for instituting an appeal, by order extend that time.

Powers of appellate court

(5) The appellate court may

.(a) dismiss the appeal; or

(b) allow the appeal and

(i) render. the judgment or make the order that ought to have been rendered or made,including such order or such further or other order as it deems just, or

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Dimrcc Ac!

(ii) order a new hearing where it deems it necessary to do so to correct a substantial wrong ormiscarria!2.e of justice.

Procedure on appeals

(6) Except as otherwise provided by this Act or the rules or regulations, an appeal under thissection shall be asserted. heard and decided according to the ordinary procedure governing appealsto the appellate court from the court rendering the judgment or making the order being appealed.

GENERAL

Definition of "spouse"

21.1 (1) In this section. "spouse" has the meaning assigned by subsection 2(1) and includes aformer spouse.

Affidavit re remo\'al of barriers to religious remarriage

(2) In any proceedings under this Act, a spouse (in this section referred to as the "deponent")may serve on the other spouse and file with the court an affidavit indicating

(a) that the other spouse is the spouse of the deponent;

(b) the date and place of the marriage, and the official character of the person who solemnizedthe marriage:

(c) the nature ofany barriers to the remarriage of the deponent wit..h.in the deponent's religion theremoval of which is within the other spouse's control;

(d) where there are any barriers to the remarriage of the other spouse within the other spouse'sreligion the removal of which is within the deponent's control, that the deponent

(i) has removed those barriers, and the date and circumstances of that removal, or

(ii) has signified a willingness to remove those barriers, and the date and circtUllstances ofthat signification;

(e) that the deponent has, in writing, requested the other spouse to remove all of the barriers tothe remarriage of the deponent within the deponent's religion the removal of which is within theother spouse's control;

(j) the date of the request described in paragraph (e); and

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(g) that the other spouse, despite the request described in paragraph (e), has failed to remove allof the barriers referred to in that paragraph.

Powers of court where barriers not removed

(3) Where a spouse who has been served with an affidavit under subsection (2) does not

(0) within fifteen days after that affidavit is filed with the court or within such longer period asthe court allows, serve on the deponent and file with the court an affidavit indicating that all ofthe barriers referred to in paragraph (2)(e) have been removed, and

(b) satisfy the court, in any additional manner that the court may require, that all of the barriersreferred to in paragraph (2)(e) have been removed,

the court may. subject to any terms that the court considers appropriate,

(c) dismiss any application filed by that spouse under this Act, and

(d) strike out any other pleadings and affidavits filed by that spouse under this Act.

Special case

(4) Without limiting the generality of the court's discretion under subsection (3), the court mayrefuse to exercise its powers under paragraphs (3)(c) and (d) where a spouse who has been servedwith an affidavit under subsection (2)

(0) within fifteen days after that affidavit is filed with the court or within such longer period asthe court allows. serves on the deponent and files with the court an affidavit indicating genuinegrounds of a religious or conscientious nature for refusing to remove the barriers referred to inparagraph (2)(e)~ and

(b) satisfies the court, in any additional manner that the court may require, that the spouse hasgenuine grounds of a religious or conscientious nature for refusing to remove the barriersreferred to in paragraph (2)(e).

Affidavits

(5) For the purposes of this section, an affidavit filed with the court by a spouse must, in order tobe valid, indicate the date on which it was served on the other spouse.

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Where section does not apply

(6) This section does not apply where the power to remove the barrier to religious remarriagelies with a religious body or official.

1990. c. 18. s. 2.

Recognition of foreign divorce

22. (I) A divorce granted, on or after the coming into force of this Act, pursuant to a law of acountry or subdivision of a country other than Canada by a tribunal or other authority havingjurisdiction to do so shall be recognized for all purposes of determining the marital status in Canadaof any person. if either fonner spouse was ordinarily resident in that country or subdivision for atleast one year immediately preceding the commencement ofproceedings for the divorce.

Idem

(2) A divorce granted, after July 1, 1968, pursuant to a law of a country or subdivision of acountry other than Canada by a tribunal or other authority having jurisdiction to do so, on the basisof the domicile of the wife in that country or subdivision determined as if she were unmarried and,if she was a minor. as if she had attained the age of majority, shall be recognized for aU purposes ofdetermining the marital status in Canada of any person.

Other recognition rules presen'ed

(3) Nothing in this section abrogates or derogates from any other rule of law respecting therecognition of divorces granted otherwise than under this Act.

Pro\'inciallaws of evidence

23. (I) Subject to this or any other Act of Parliament, the laws of evidence of the province inwhich any proceedings under this Act are taken, including the laws of proof of service of anydocument, apply to such proceedings.

Presumption

(2) For the purposes of this section, where any proceedings are transferred to the FederalCoun,Trial Division under subsection '3(3) or 5(3), the proceedings shall be deemed to have beentaken in the province specified in the direction of the Court to be the province with which bothspouses or former spouses, as the case may be, are or have been most substantially connected.

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Dil'orce ..leI

Proof of signature or office

24. A document offered in a proceeding under this Act that purports to be certified or sworn by ajudge or an officer of a court shall, unless the contrary is proved, be proof of the appointment,signature or authority of the judge or officer and, in the case of a document purporting to be sworn,of the appointment. signature or authority of the person before whom the document purports to besworn.

Definition of "competent authority"

25. (l) In this section, "competent authority", in respect of a court, or appellate court, in aprovince means the body, person or group of persons ordinarily competent under the laws of thatprovince to make rules regulating the practice and procedure in that court.

Rules

(2) Subject to subsection (3), the competent authority may make rules applicable to anyproceedings under this Act in a court, or appellate court, in a province, including, without limitingthe generality of the foregoing, rules

(a) regulating the practice and procedure in the court, including the addition of persons as partiesto the proceedings;

(b) respecting the conduct and disposition of any proceedings under this Act without an oralhearing;

(b. 1) respecting the application ofsection 17.1 in respect ofproceedings for a variation order;

(c) regulating the sinings of the court;

(d) respecting the fixing and awarding ofcosts;

(e) prescribing and regulating the duties ofofficers of the.court;

(f) respecting the transfer of proceedings under this Acno or from the court; and

(g) prescribing and regulating any other matter considered expedient to attain the ends ofjusticeand carry into effect the purposes and provisions of this Act.

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Exercise of power

(3) The power to make rules for a court or appellate court conferred by subsection (2) on acompetent authority shall be exercised in the like manner and subject to the like terms andconditions, if any, as the power to make rules for that court conferred on that authority by the lawsofthe province.

Not statutory instruments

(4) Rules made pursuant to this section by a competent authority that is not a judicial or quasi­judicial body shall be deemed not to be statutory instruments within the meaning and for thepurposes of the Statutory Instruments Act.

R.S., 1985, c. 3 (2nd Supp.), s. 25; 1993, c. 8, s. 5.

Agreements with provinces

25.1 (1) With the approval of the Governor in Council, the Minister of Justice may, on behalf ofthe Government of Canada, enter into an agreement with a province authorizing a provincial childsupport service designated in the agreement to

(a) assist courts in the province in the determination of the amount of child support; and

(b) recalculate, at regular intervals, in accordance with the applicable guidelines, the amount ofchild support orders on the basis of updated income information.

Effect of recalculation

(2) Subject to subsection (5), the amount of a child support order as recalculated pursuant to thissection shall for all purposes be deemed to be the amount payable under the child support order.

Liability

(3) The former spouse against whom a child support order was made becomes liable to pay theamount as recalculated pursuant to this section thirty-one days after both former spouses to whomthe order relates are notified of the recalculation in the manner provided for in the agreementauthorizing the recalculation:

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) Rioht to "ar"t'" •

(4) Where either or both former spouses to whom a child support order relates do not agree withthe amount of the order as recalculated pursuant to this section, either former spouse may, withinthirty days after both former spouses are notified of the recalculation in the manner provided for inthe agreement authorizing the recalculation, apply to a court of competent jurisdiction for an order

. under subsection 17(1).

Effect of application

(5) Where an application is made under subsection (4), the operation of subsection (3) issuspended pending the determination of the application, and the child support order continues ineffect.

\\'ithdrawal of application

(6) Where an application made under subsection (4) is withdrawn before the determination ofthe application, the former spouse against whom the order was made becomes liable to pay theamount as recalculated pursuant to this section on the day on which the former spouse would havebecome liable had the application not been made.

) 1997, c. 1. s. 10.

Regulations

26. (1) The Governor in Council may make regulations for carrying the purposes and provisionsof this Act into effect and, without limiting the generality of the foregoing, may make regulations

(a) respecting the establishment and operation of a central registry of divorce proceedings inCanada: and

(b) providing for uniformity in the rules made pursuant to section 25.

Regulations prevail

(2) Any regulations made pursuant to subsection (1) to provide for uniformity in the rulesprevail over those rules.

)

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Guidelines

26.1 (I) The Governor in Council may establish guidelines respecting the making of orders forchild support. including, but without limiting the generality of the foregoing, guidelines

(0) respecting the way in which the amount of an order for child support is to be determined;

(b) respecting the circumstances in which discretion may be exercised in the making of an orderfor child support;

(c) authorizing a court to require that the amount payable under an order for child support bepaid in periodic payments, in a lump sum or in a lump sum and periodic payments;

(d) authorizing a court to require that the amount payable under an order for child support bepaid or secured, or paid and secured, in the manner specified in the order;

(e) respecting the circumstances that give rise to the making of a variation order in respect of achild support order;

(f) respecting the determination of income for the purposes of the application of the guidelines;

(g) authorizing a court to impute income for the purposes of the application of the guidelines;and

(h) respecting the production of income information and providing for sanctions when thatinformation is not provided.

Principle

(2) The guidelines shall be based on the principle that spouses have a joint financial obligation tomaintain the children of the marriage in accordance with their relative abilities to contribute to theperformance of that obligation.

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Dimrcc.' Act

)Definition of "order for child support"

(3) In subsection (1), "order for child support" means

(a) an order or interim order made under section 15.1;

(b) a variation order in respect ofa child support order; or

(c) an order or an interim order made under section 19.

1997, c. 1, s. 11.

Fees

27. (1) The Governor in Council may, by order, authorize the Minister of Justice to prescribe afee to be paid by any person to whom a service is provided under this Act or the regulations.

Agreements

(2) The Minister of Justice may, with the approval of the Governor in Council, enter into anagreement with the government of any province respecting the collection and remittance of any feesprescribed pursuant to subsection (1).

Review and report

28. The Minister of Justice shall undertake a comprehensive review of the provisions andoperation of the Federal Child Support Guidelines and the determination of child support under thisAct and shall cause a report on the review to be laid before each House of Parliament within fiveyears after the coming into force ofthis section.

R.S., 1985, c. 3 (2nd Supp.), s. 28; 1997, c. 1, s. 12.

29. to 31. [Repealed, 1997, c. 1, s. 12]

TRANSITIONAL PROVISIONS

Proceedings based on facts arising before commencement of Act

32. Proceedings may be commenced under this Act notwithstanding that the material facts orcircumstances giving rise to the proceedings or to jurisdiction over the proceedings occurred whollyor partly before the day on which this Act comes into force.

.Divorce Act, R.S. 1970, c. D-8

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Proceedings commenced before commencement of Act

33. Proceedings commenced under the Divorce Act, chapter D-8 of the Revised Statutes ofCanada. 1970. before the day on which this Act comes into force and not finally disposed of beforethat day shall be dealt with and disposed of in accordance with that Act as it read immediatelybefore that day, as though it had not been repealed.

Variation and enforcement of orders previously made

-34. (1) Subject to subsection (1.1), any order made under subsection 11(l) of the Divorce Act,

chapter D-8 of the Revised Statutes of Canada, 1970, including any order made pursuant to section33 of this Act. and any order to the like effect made corollary to a decree of divorce granted inCanada before July 2. 1968 or granted on or after that day pursuant to subsection 22(2) of that Actmay be varied. rescinded. suspended or enforced in accordance with sections 17 to 20, other thansubsection 17(10), of this Act as if

(0) the order were a support order or custody order, as the case may be; and

(b) in subsections 17(4), (4.1) and (5), the words "or the last order made under subsection 11(2)of the Divorce Act, chapter D-8 of the Revised Statutes of Canada, 1970, varying that order"were added immediately before the words "or the last variation order made in respect of thatorder".

Combined orders

(1.1) Where an application is made under subsection 17(1) to vary an order referred to insubsection (1) that provides a single amount of money for the combined support of one or morechildren and a former spouse, the court shall rescind the order and treat the application as anapplication for a child support order and an application for a spousal support order.

Enforcement of interim orders

(2) Any order made under section 10 of the Divorce Act, chapter D-8 of the Revised Statutes ofCanada, 1970, including any order made pursuant to section 33 of this Act, may be enforced inaccorQance with section 20 of this Act as if it were an order made under subsection 15.1(l) or15.2(1) or section 16 of this Act, as the case may be..

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Dimrce Act

Assignment of orders previously made

(3) Any order for the maintenance of a spouse or child of the marriage made under section 10 or11 of the Divorce Act, chapter D-8 of the Revised Statutes of Canada, 1970, including any ordermade pursuant to section 33 of this Act, and any order to the like effect made corollary to a decreeof divorce granted in Canada before July 2, 1968 or granted on or after that day pursuant tosubsection 22(2) of that Act may be assigned to any minister, member or agency designatedpursuant to section 20.1.

R.S., 1985, c. 3 (2nd Supp.), s. 34; 1997, c. 1, s. 14.

Procedural laws continued

35. The rules and regulations made under the Divorce Act, chapter D-8 of the Revised Statutesof Canada, 1970, and the provisions of any other law or of any rule, regulation or other instrumentmade thereunder respecting any matter in relation to which rules may be made under subsection25(2) that were in force in Canada or any province immediately before the day on which this Actcomes into force and that are not inconsistent with this Act continue in force as though made orenacted by or under this Act until they are repealed or altered by rules or regulations made underthis Act or are, by virtue of the making of rules or regulations under this Act, rendered inconsistentwith those rules or regulations.

Divorce Act, R.S. 1985, c. 3 (2nd Supp.)

Variation and enforcement of support orders previously made

35.1 (l) Subject to subsection (2), any support order made under this Act before the coming intoforce of this section may be varied, rescinded, suspended or enforced in accordance with sections17 to 20 as if the support order were a child support order or a spousal support order, as the casemay be.

Combined orders

(2) Where an application is made under subsection 17(1) to vary a support order made under thisAct before the coming into' force of this section that provides for.the combined support of one ormore children and a former spouse, the court shall rescind the order and treat the application as anapplication for a child support order and an application for a spousal support order.

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Assignment of orders previously made

(3) Any support order made under this Act before the coming into force of this section may beassigned to any minister, member or agency designated pursuant to section 20.1.

1997. c. 1. s. 15.

COMMENCEMENT

Commencement

"'36. This Act shall come into force on a day to be fixed by proclamation.

'" [Note: Act in force June 1, 1986, see 81186-70.]

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PART FORTY-EIGHT

FAMILY LAW PROCEEDINGS

I General

584 In this part: DefiDitio...

(a) "corollary relief proceeding" means a corollary reliefproceeding as defined in section 2 of the Divorce Act;

(b) "Divorce Act" means the Divorce Act, 1985;

(c) "divorce proceeding" means a divorce proceeding as definedin section 2 of the Divorce Act;

(d) "matrimonial cause" includes actions for annulment ofmarriage, and judicial separation;

(e) "uncontested proceeding" means a proceeding in which therespondent has failed to deliver an Answer or the Answer has beenwithdrawn or struck out;

,(0 "variatiOD pFeeeediB:g"meaBS¥ariatienpreeeeemg as deaReein section 2 of the DiuorC&AGtrR.~&4;Gai:l\far. 27/86 New.; Am.Oaz.-ecE 25/91.

October 1993

144 RULES OF PRACTICE AND PROCEDURE

585(1) This part applies to proceedings;(a) under the Diuorce Act;(b) under The Matrimonial Property Act;(cl for custody, guardianship of or access to an infant or a

determination of parentage under The Children's Lau. Act, orotherwise;

Cdl for maintenance underThe Family Maintenance Act or TheParents' Maintenance Act; I

Cel for a matrimonial cause under The Queen's Bench Act, orotherwise;

<0 for a declaration ofdeathor invalidityofmarriage under TheMarriage Act;

(gl for relief under The Dependants' Relief Act, subject tosection 5 thereof; and

(h) forreliefbetween personswhohavelived togetherasspouses.

(2) Rules under this part apply only to proceedings commenced on orafter the day on which the Divorce Act comes into force.

(3) Where a proceeding for divorce, division of matrimonial property,guardianship, custody, access, support, maintenance or a matrimonialcause was commenced before the day on which the Divorce Act came intoforce and not finally disposed of before that day, the proceeding shall bedealt with and disposed ofin accordance with the rules in existence at thedate of commencement, as though such rules had not been amended.

(4) Unless provided otherwise by statute or by the rules in this part, thegeneral procedure and practice of the court shall be adopted and applied,with necessary modification, in a proceeding under this Part.

(5) Only by leave of the court maya party be examined for discoverytouching on matters of custody of children or access to children. R. 585,Gaz. May 15/87. New.

CommeIll:elllODt 586(1) Except where provided otherwise, proceedings under this partshall be commenced by the issue of a Petition in Form 61, varied as thecircumstances of the proceeding require.

(2) The Petition shall be signed and sealed by the local registrar andshall thereupon be deemed to be issued and shall state the date and placeof issue.

(3) The original petition shall be filed with the local registrar at the timeof issuing.

(4) Where the proceeding is for divorce or a matrimonial cause, acertificate of the marriage or other proof of the marriage shall be filed atthe time of issuing the Petition, unless ordered otherwise upon ex parteapplication. R. 586, Am. Gaz. May 15187.

JoiDder ofclaims; iu... 587(1) Any claim for relief under this part, including a claim under theDivorce Act, may be joined with a claim for any other reliefwhich may besought under this part whether as additional relief or in the alternative.

October1993

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RULES OF PRACTICE AND PROCEDURE

(2) Unless the court determines otherwise, a Petition shall have theeffect of raising all issues concerning or in any way relating to thematters for which relief is specifically sought notwithstanding that anissue is not specifically referred to in the Petition, and the court maymake any judgment or order which the justice of the case may require.R.587.

588(1) The party commencing the proceeding shall be called the Partiee

petitioner and the opposite party shall be called the respondent.

(2) A person alleged to have committed adultery with a respondentspouse shall not be named in the Petition or any other document, unlessthe court ~rders otherwise upon an application which may be made exparte.

(3) The court at any time may:

(a) order that any person who may have an interest in the mattersin issue be served with notice of the proceedings with or withoutadding that person as a party; and

(b) give directions respecting the manner of service on that personand the conduct of the proceeding.

(4) A minor may commence, continue or defend a proceeding under thispart as if of full age. R. 588.

589(1) A party may commence proceedings under this part at any Vellue

judicial centre.

(2) The court may direct that an action be transferred to any otherjudicial centre:

(a) with the consent of the parties;

(b) byreason ofthe balance ofconvenience, including the convenienceof witnesses; or

(c) for the purpose of being heard with another proceeding beforethe court.

(3) Except by consent or leave of the court, no application to transfer aPetition shall be brought before the delivery of the Answer.

(4) Where an order directing the transfer ofa Petition is consented to bythe parties, the local registrar may issue the order without referring it toa judge or may refer it to a judge. R. 589.

590(1) Notwithstanding Rule 20, any document under this part may beserved by ordinary mail on any person required to pe served, except aPetition for divorce which shall be served on the respondent personally,unless ordered otherwise. Am. Gaz. May 15/87.

145

) October1993

146

Time for oenice

October1993

RULES OF PRACTICE AND PROCEDURE

(2) Personal service of the Petition for divorce shall be effected by aperson other than the petitioner.

(3) Where service has been made by ordinary mail:

(a) the document shall be deemed to have been served on theseventh day following the date of mailing;

(b) the court may direct further or other service; and

(c) unless ordered otherwise, no relief other than interim relief, willbe granted unless the court is satisfied that the respondent receivedthe document, but it shall not be necessary to satisfy the court thatthe respondent received the document where it has been mailed tohim at an address for service provided by him.

(4) Where a former spouse commences a corollary relief proceeding or avariation proceeding, service of the notice of motion or application shallbe on the other former spouse and not on any lawyer who was of recordprior to the granting of the divorce judgment or the custody order orsupport order.

(5) Where a minor is a party to a proceeding under this part, the minormay be served as if of full age.

(6) Under this part service out of Saskatchewan may be effectedwithout order. R. 590.

591(1) Proof of service may be made:

(a) in Form 62 where personal service is effected; or

(b) in Form 63 where service is effected by ordinary mail.

(2) Every affidavit of service of a Petition shall, so far as possible, statethe postal address of the person served, and where the person effectingservice is unable ofhis own knowledge to state such address, a statementas to his belief, with the grounds thereof, may be admitted. R. 591.

592(1) The Petition shall be served within six months of the date ofissue, or within such further time as the court may allow on an ex parteapplication made before or after the expiration of the time for service.

(2) Unless ordered otherwise, there shall be at least 11 days between theservice of:

(a) a notice of motion commencing a corollary relief proceeding; or

(b) a notice of application commencing a variation proceeding;

and· the day named in the notice for hearing, and in all other motionsor applications there shall be at least three days between the service

.of the notice ofmotion or application and the day named in the noticefor hearing. R. 592.

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RULES OF PRACTICE AND PROCEDURE

593 The court may grant an interim order upon motion or ex parteapplication by a party to a proceeding. R. 593.

594(1) Unless ordered otherwise, a respondent who wishes to oppose aclaim made in the Petition shall deliver an Answer in Form 64:

(a) within 20 days after service of the Petition in Saskatchewan;

(b) within 30 days after service of the Petition elsewhere in Canadaor in the United States of America; or

(c) within 40 days after service of the Petition outside Canada andthe United States ofAmerica.

(2) An Answer may be delivered at any time before the proceeding isnoted for default.

(3) A respondent who is served with a Petition and who intends tocontest the proceeding may deliver a Notice of Intent To Answer, whichshall be in a form similar to Form 6, within the time prescribed fordelivery of the Answer, and he is then entitled to an additional 10 dayswithin which to deliver an Answer. R. 594.

595(1) A respondent who claims any relief against the petitioner, otherthan dismissal of the action, with or without costs, shall do so by aCounter-petition.

(2) An answer and Counter-petition shall be in one document in Form 65entitled Answer and Counter-Petition.

(3) A respondent may commence a Counter-petition by serving, byordinary mail, an Answer and Counter-Petition on the petitioner withinthe time prescribed for delivery of an Answer.

(4) Except as modified in this rule, the rules of this Part relating to aPetition apply toa Counter-Petition. R. 595.

596 A respondent who does not oppose or dispute the Petition maydeliver a Demand for Notice, which shall be substantially in Form 10, andthereafter notice of all subsequent pleadings and proceedings shall beserved on that respondent. R. 596.

597 Where allegations in the Answer require further pleading, thepetitioner shall deliver a Reply in Form 66 within eight days of service ofthe Answer. R. 597.

598 The Petition shall set out the name and birth date of:

(a) every child of the marriage, where divorce is claimed; or

(b) every child in respect ofwhom reliefis claimed, where divorce isnot claimed. R. 598. .

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Interim orden

Counte...petition

Reply

October 1993

148

Financial ltatementa

Financialltatementa

Bettin( down lOr trial

Notice ofApp1ication forJudgment

October 1993

RULES OF PRACTICE AND PROCEDURE

599(1) Where a Petition contains a claim for support, maintenance,custody, or division of property, the petitioner shall file and serve withthe Petition a Financial Statement in Form 67, unless ordered otherwise,and the respondent shall deliver a Financial Statement with the Answer.Gaz. Mar. 27/86. New. Am. Gaz. Oct. 25/91.

(2) Where division of property alone is claimed, only Part II of theFinancial Statement need be completed.

(3) A respondent who does not intend to defend a claim for support,maintenance, custody, or division of property, shall nevertheless delivera Financial Statement within the time limited for the delivery of anAnswer. Gaz. Mar. 27/86. New. Am. Gaz. Oct. 25/91.

(5) Where a Financial Statement is required to be filed or delivered witha Petition or an Answer, the local registrar shall not accept the Petitionor Answer for issuing or filing without the Financial Statement, unlessordered otherwise.

(6) Where a party is required to deliver a Financial Statement and failsto do so, the opposite party may apply, without notice, for an orderrequiring service of a Financial Statement within a specified time.R. 599.

600(1) Where a respondent fails to deliver an Answer within theprescribed time, the petitioner may, on filing proof of service of thePetition, require the local registrar to note the default ofthat respondent.

(2) After default has been noted, the respondent shall not deliver anAnswer without the consent of the petitioner or leave of the court. R. 600.

601(1) Where an Answer has been delivered, the local registrar shallnot assign a date for trial of a proceeding until a pre-trial conference isheld.

(2) Except as modified in Subrule (1) of this rule, the provisions ofPart XVII shall apply to the setting down for trial of a proceeding underthis part. Am. Gaz. Dec. 5/86.

(3) Where a Demand for Notice has been delivered in an uncontestedproceeding, the Petitioner shall serve and file a Notice ofApplication forJudgment in Form 69 before applying for judgment. R. 601.

602(1) In an uncontested proceeding, any information or evidence.required to enable the court to perform its duties, and the evidencerequired to prove the claim, shall be presented by affidavit, unlessordered otherwise.

699(4) Unless otherwise ordered, Financial Statements are notrequired where:

(a) the parties na\·e agreed on the rcliefto be granted;(b) the parties have filed a Waiver ofFinancial Statements in

Fonn 68; and

ee) there arc no children for whom maintenance misht beordered.

r./\\ I )

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RULES OF PRACTICE AND PROCEDURE

(2) The court may order that the evidence and information in anuncontested proceeding be presented orally at a hearing.

(3) In an uncontested proceeding, where the evidence and informationare to be presented by affidavit, the judge may:

(a) grant a judgment without an appearance by counselor theparties; or

(b) direct that counselor the petitioner appear or that oral evidencebe presented at a hearing. _"

(4) Where a petitioner applies forjudgment in an uncontested proceeding,the petiti~ner shall file and the local registrar shall place before thecourt:

(a) an Application for Judgment in Form 70 requesting that theaction be determined on the basis of affidavit evidence;

(b) an affidavit of the petitioner in Form 70A setting forth;

(i) evidence to satisfy the court that the respondent actuallyreceived a copy of the Petition, where the Petition was served bymail, or evidence that the Petition was served in accordance withan order of the court;

(ii) particulars of the grounds on which the claim is based, andevidence to support the claim;

(iii) confirmation that all the facts and information contained inthe Petition and Financial Statement, if filed, continue to remaintrue and accurate, with corrections or subsequent changes noted;and

(iv) where costs are claimed, particulars of the amount andbasis for the claim;

(c) where support or maintenance is claimed, the form required bythe Maintenance Enforcement Office, completed to the extent possible;

(i) for the claimant to opt out of the registration of the orderpursuant to subsection 7(5) of The Enforcement of MaintenanceOrders Act; or

(ii) for the registration of the order in the MaintenanceEnforcement Office; and

(d) any other affidavits or supporting materials that may berequired in the proceeding. Gaz. Mar. 27/86. New. Am. Gaz.July 10187; Nov. 13/~7.

602l4Al Where a petitioner does not apply for judgment in anuncontestC!'d proceeding. based on separation. the respondent mayapply by NoticeofApplicationforJudgment in Form 69.and shan filetherewith:

(1\ I an Application for Judgment in Form 70 requesting that theaction be determined on the basis ofaffida\'it evidence;

(bl nn affida\'itofthe respondentsetting forth particulars ofthegTounds on which the claim is based. and e\'iden~to support theclaim;

(c) a Financial Statement;(d) any other affida\;ts or supporting materials that may be

required in the proceeding.

149

October1993

150

J\ldpleDt

Security mr CON

Central BegiIUy report

October1993

RULES OF PRACTICE AND PROCEDURE

(5) Where the court grants a judgment or order for support ormaintenance in an uncontested proceeding, the local registrar shallforthwith file in the Maintenance Enforcement Office a certified copy ofthe judgment or order, and the registration form or the opt-out form. Gaz.Mar. 27/86. New. Am. Gaz. Oct. 25/91.

(6) The costs ofan application for judgment in an uncontested proceedingshall be taxed as a complex ex parte application. R. 602.

603(1) The court may try any issue on viva voce or affidavit evidence orotherwise as the judge conducting the trial may direct.

(2) The court may admit a document purporting to be proof of marriagein a foreign jurisdiction as prima facie proof of the marriage.

(3) No party to a proceeding under this part shall refuse to answer anyquestion tending to show the he or she has committed adultery.

(4) Each Financial Statement may be used by the other party as thoughit were an examination for discovery, and all or any part of the statementmay be admitted in evidence, saving all just exceptions. R. 603.

604(1) Where a Petitioner claims relief under more than one statute,one judgment shall issue in respect of all relief, subject to Rule 609.

(2) Where relief is granted on a claim made under a provincial statute,that statute shall be referred to in the judgment. R. 604.

605 The court may from time to time make such order as it thinks fit forpayment of or security for the costs of either party. R. 605.

II Divorce Proceeding

606 The court shall not grant a judgment for divorce until a reportissued from the Central Divorce Registry pursuant to the regulationsunder the Divorce Act has been filed, unless the court is satisfied thatthere is no prior pending action. R. 606.

607 Where a petitioner applies for judgment in an uncontested divorceproceeding, in addition to the material required to be filed underSubrule 602(4), the petitioner shall also file:

(a) his affidavit setting forth:

(i) evidence to satisfy the court that there is no possibility ofreconciliation of the spouses;

(ii) evidence to satisfy the court that there has been no collusionin relation to the application for divorce;

(iii) evidence to satisfy the court that reasonable arrangementshave been or can be made for the support of any children of themarriage;

)

)

f--'- "}

RULES OF PRACTICE AND PROCEDURE

(iv) where a divorce is sought on the basis of separation,evidence that the spouses have lived separate and apart for atleast one year immediately preceding the determination of thedivorce proceeding and were living separate and apart at thecommencement of the proceeding;

(v) where a divorce is sought on the basis of adultery or cruelty,evidence that there has been no condonation or connivance onthe part of the petitioner with respect to the act or conductcomplained of;

(vi) where a divorce is sought on the basis of cruelty, evidencethat the conduct ofthe respondent spouse has rendered continuedcohabitation intolerable;

(vii) where a written agreement between the spouses or aprevious court order is in existence, the fact of its existence witha copy of the agreement or order exhibited;

(viii) where a support order is claimed, evidence ofthe condition,means, needs and other circumstances of each spouse and of anychild of the marriage for whom support is sought;

(ix) where a custody order is claimed, particulars of the presentand proposed arrangements with respect to custody or access orboth, as the case may require, and evidence of the condition,means, needs and other circumstances of the child or children;and

(x) where no address for service of the respondent has beenprovided by the respondent or given in the affidavit of service,evidence to satisfy the court of the present address of therespondent or evidence to satisfy the court that service of thejudgment on the respondent should be dispensed with;

(b) where a divorce is sought on the basis of adultery, an affidavit ofthe respondent spouse admitting adultery, with particulars of it, orsuch other evidence as may satisfy the court that the respondent hascommitted adultery;

(c) such other supporting materials and affidavits as may benecessary or desirable;

(d) a draft judgment in Form 71;

(e) where the petitioner wishes a certificate of divorce, a draftcertificate in Form 72 completed to the extent possible; and -"

(0 where the petitioner wishes a certificate of divorce, tlu1eeenvelopes, and in all other cases two envelopes, approximately fourinches by nine inches,

151

October1993

152

Joint petition

October1993

RULES OF PRACTICE AND PROCEDURE

(i) one envelope addressed to the respondent at the addressgiven in the affidavit of service of the petition, or such otheraddress as may satisfy the court that a copy of the judgment willreach the respondent, unless ordered otherwise; and

(ii) one or two envelopes, as may be required, addressed to thepetitioner. R. 607.

608(1) A divorce proceeding may be commenced jointly by the spouseswhere the facts establishing the breakdown of the marriage are not indispute.

(2) Where a divorce proceeding has been commenced jointly, thespouses shall be called co-petitioners, and the Petition:

(a) shall not include the notice to respondent;

(b) shall be signed by both of the co-petitioners;

(c) shall be signed and sealed by the local registrar following thesignatures of the co-petitioners;

(d) need not be served on either of the co-petitioners, and

(e) need not be noted for default.

(3) Where co-petitioners apply for judgment in a divorce proceeding andthere are no contested matters to be resolved, they shall file and the localregistrar shall place before the court the materials required undersubrule 602(4) and Rule 607, with necessary modifications.

(4) On a joint petition in a divorce proceeding, where a claim forsupport, custody, or other relief is contested:

(a) the Petition shall include a statement indicating which claimsare contested and the position of each of the co-petitioners on thoseclaims;

(b) each co-petitioner shall file a Financial Statement with thePetition;

(c) the co-petitioners shall be deemed to be adverse in interestregarding those matters in issue and entitled to discovery, each fromthe other; and

(d) the local registrar shall not assign a date for trial of theproceeding until a pre-trial conference is held. R. 608.

609(1) A judgment in a divorce proceeding shall be substantially inForm 71.

(2) Where a claim for divorce is made together with one or more otherclaims, the court may grant a divorce and direct that a judgment ofdivorce alone be entered; and

)

)

RULES OF PRACTICE AND PROCEDURE

(a) adjourn the hearing of the other claims; or

(b) give judgment on the other claims, and direct that a separatejudgment or order dealing with them be entered.

(3) In uncontested divorce proceedings, the local registrar shall forthwithforward to the parties, by ordinary mail, a copy of the judgment grantinga divorce, unless ordered otherwise. R. 609.

61 O(1) A certificate of the local registrar that a divorce dissolved themarriage of the parties as of a specified date shall be in Form 72, and thelocal registrar shall issue a certificate, on request:

(a) on or after the thirty-first day after the day on which thejudgment granting the divorce was rendered, where the .localregistrar is satisfied that no appeal, or application to extend time toappeal, has been instituted within that time or, if instituted, that ithas been abandoned or dismissed; or

(b) on or after some earlier specified time at which the court hasordered that the divorce should take effect, where the spouses havesigned and filed with the local registrar an undertaking that noappeal from the judgment will be taken, or if any appeal has beentaken, that it has been abandoned.

(2) In uncontested divorce proceedings, where a draft certificate and anenvelope for the certificate have been filed, the local registrar shallcomplete the certificate and mail a copy to the petitioner forthwith uponthe divorce judgment taking effect. R. 610

611 Where a support order, custody order, variation order, or interimsupport or custody order has been made in Canada under the DivorceAct, the registration of such order pursuant to subsection 20(3) of thatAct shall be effected by filing an exemplification or certified copy of theorder in the office of the court, at any judicial centre, with a writtenrequest that it be registered. R. 611.

612 The appellant shall file a copy of the notice of appeal from ajudgment granting a divorce, or a copy of an order extending the time forappeal, with the local registrar in the office from which the judgmentissued. R. 612.

613 The local registrar in the office in which the proceedings werecommenced shall complete the forms required by the regulations underthe Divorce Act and forward them to the Central Divorce Registry atOttawa as required by those regulations. R. 613.

153

Certificate ofDivorce

Notice of~al61ed

Duties ofIoca1 registrar •Centnl Becim7

October 1993

154

Corollary relietproceeding

October1993

RULES OF PRACTICE AND PROCEDURE

III Corollary Relief Proceeding under the Divorce Act

614(1) A fonner spouse shall commence a corollary relief proceeding bymotion to the court sitting at the judicial centre where the divorce wasgranted or, with leave of the court, at any other judicial centre.

(2) The applicant in a corollary relief proceeding shall file and serve aFinancial Statement in Fonn 67 with the notice of motion, and therespondent shall deliver a Financial Statement on or before the returndate of the motion.

(3) Except as modified in this rule, the provisions ofRule 599 respectingFinancial Statements apply to a corollary relief proceeding, with anynecessary modification.

(4) Where both former spouses jointly commence a corollary reliefproceeding:

(a) they shall be called co-applicants;

(b) the notice of motion shall be signed by both of them;

(c) the notice of motion need not be served on either of them;

(d) the affidavit of the co-applicants in support of the motion shallindicate which matters are contested, if any, and the position of eachof them on those matters;

(e) unless ordered otherwise, each co-applicant shall file a FinancialStatement with the notice of motion, or a Waiver of FinancialStatements; and

(D the judgment granting the divorce shall be exhibited to theaffidavit of the co-applicants. R. 614.

IV Variation Proceeding under the Divorce Act

615(1) A former spouse shall commence a variation proceeding by anapplication in Form 73, and it shall be accompanied by an affidavit insupport.

(2) Notwithstanding Subrule (I), where the respondent in a variationproceeding is ordinarily resident outside the jurisdiction and theapplication is in respect of a support order, the application may be madeex parte, and Form 73 shall be adapted accordingly. R. 615. Gaz.Nov. 13/87. New.

,

r,

;:r··;.~~

~:::

RULES OF PRACTICE AND PROCEDURE

616 Every affidavit in support of an application to vary a support orderor a custody order shall include, where applicable:

(a) the current marital status of the former spouses;

(b) the ordinary residence of the former spouses and the children ofthe marriage;

(c) particulars of current custody and access arrangements andparticulars of any proposed change;

(d) particulars of current support arrangements and particulars ofany proposed change;

(e) the amount of any arrears under any prior support order; and

(f) particulars of any change in circumstance of the former spousesor the children since the date of any prior support order or custodyorder. R. 616.

617 Certified copies of the original divorce pleading and all supportorders or custody orders shall be exhibited to the affidavit in support ofan application to vary. R. 617.

618 The provisions of Rule 614 respecting Financial Statements andjoint applications apply to a variation proceeding, with necessarymodification. R. 618.

619 Where the court varies an order made by another court, other thanprovisionally, the local registrar shall forward a certified copy of thevariation order to the court that made the original order, and to any othercourt that has varied the original order. R. 619.

V Custody Application-Transfer of Proceeding under the Diuorce Act

155

Affidavit in IUpport

MatAlriall exhibited

FinaDcial StatAlmeDtI,joint applicatioll8

TrluwDiNiOD oforder toother proviDou

620(1) Where the court orders the transfer of a proceeding to a court in Tranal'erof~

another province under section 6 of the Divorce Act, the local registrarshall send to the proper officer of the appropriate court in that otherprovince:

(a) a certified copy of the order directing transfer;

(b) a certified copy of the pleadings and proceedings filed; and

(c) a statement giving information respecting the substantialconnection of the child with that other province.

October 1993

156

UllCOnlelted proceeding

Aftida'ritcon1inniDginformation

Interim distribution

RULES OF PRACTICE AND PROCEDURE

(2) On receipt of documents from a court in another provincecorresponding to those described in Subrule (1) of this rule, the localregistrar shall notify the parties. R. 620.

VI Matrimonial Causes

621 Where a petitioner applies for judgment in an uncontested proceedingfor a matrimonial cause, in addition to the material required to be filedunder subrule 602(4), the petitioner shall also file his affidavit settingforth:

(a) where the Petition is for judicial separation, evidence that:

(i) none of the bars as set out in sections 27 and 28 of TheQueen's Bench Act exist; and

(ii) the parties were domiciled or resident in Saskatchewan atthe time of commencement of the action, or that they had amatrimonial home is Saskatchewan when their cohabitationceased or when the events occurred on which the claim forseparation is based;

(b) where the Petition is for nullity ofmarriage, evidence that therehas been no collusion or connivance between the parties. R. 621, Gaz.Mar. 27/86. New. Am. Gaz. Oct. 25191.

VII Matrimonial Property

622 Except by leave of the court, the local registrar shall not assign adate for trial of a proceeding for division of matrimonial property untileach spouse has delivered an affidavit confirming that all the facts andinformation contained in the Petition orAnswer, and Financial Statementof that spouse, continue to remain true and accurate, with corrections orsubsequent changes noted. R. 622.

623 The court may make one or more interim orders for the distributionof matrimonial property, with those conditions the court considersappropriate. R. 623.

VIII Children

Uncontested proeeeding 624 Where a petitioner applies forjudgment in an uncontested proceedingunder The Children's Law Act, in addition to the material required to befiled under Subrule 602(4), the petitioner shall also file:

October1993

)

RULES OF PRACTICE AND PROCEDURE

(a) his affidavit setting forth:

(i) where the petitioner is not a parent, evidence to satisfy thecourt that the petitioner has a sufficient interest;

(ii) where the petition is for custody, evidence of the willingnessof the person seeking custody to facilitate contact with eachparent;

(iii) Where the petition is for custody or access, evidence of thequality of the relationship that the child has with the petitioner,the personality, character and emotional needs of the child, thecapacity of the petitioner to act as legal custodian of the child orto care for the child during the times that the child is in thepetitioner's care, and the wishes of the child, to the extent thecourt considers appropriate, having regard to the age andmaturity of the child;

(iv) where the petition is for custody, evidence of the physical,psychological, social and economic needs of the child, the homeenvironment proposed to be provided for the child, and the plansthat the petitioner has for the future of the child;

(v) where the petition is for the appointment of a guardian ofthe property of a child, evidence of the ability of the proposedguardian to manage that property, the merits of the planindicated by the proposed guardian for the care and managementof the property, the personal relationship between the proposedguardian and the child, the wishes of the parents of the child, andthe views, if any of the public trustee;

(vi) the existence of any written agreement, deed, will, orprevious court order, applicable to the order sought, with a copyexhibited;

(b) where the petition is for the appointment of a guardian of theproperty of a child who is 12 years of age or older, the consent of thechild; and

(c) where the petitioner is represented by a lawyer, a statementsigned by the lawyer certifying that he or she has complied withss. 11(1) of the Act. R. 624, Gaz. Oct. 25/91. New.

VIII-A Maintenance

624A Where a petitioner applies for judgment in an uncontestedproceeding under The Family Maintenance Act, in addition to thematerial required to be filed under Subrule 602(4), the petitioner shallalso file:

157

October1993

158 RULES OF PRACTICE AND PROCEDURE

(a) his affidavit setting forth:

(i) the age and the physical and mental health of the dependentand of the respondent;

(ll) where the petitioner is a spouse, the length of time thepetitioner and respondent cohabited and the measures availablefor the petitioner to become financially independent and thelength of time and cost involved to enable the petitioner to takesuch measures;

(iii) the legal obligation ofthe respondent to provide maintenancefor any other person;

(iv) in the case of maintenance for a child, the cost to therespondent of exercising access to that child;

(v) the existence of any written agreement or previous courtorder, with a copy exhibited; and

(b) where the petitioner is represented by a lawyer, a statementsigned by the lawyer certifying that he or she has complied withss. 14(1) of that Act. R. 624A, Gaz. Oct. 25/91. New.

VITI B Variation Proceeding

624B(1) A pany sball commence a variation proceeding under The Children'sLaw Act and The Family Maintenance Act by application in Form 73, and it sballbe accompanied by an affidavit in support.

(2)616..

The affidavit sball, with necessary modifications, comply with Rule

(3) The provisions ofRule 614 respecting fInancial statements sball, withnecessary modifications, apply.

(4) The length of notice of an application shall be in accordance withRule 447.

IX Enforcement

625(1) A judgment or order for support or maintenance granted in aproceeding under this part may be enforced in accordance with theprovisions ofThe Enforcement ofMaintenance OrdersAJ:t. Gaz. Mar. 27/86. New. Am. Gaz. Oct. 25/91.

(2) Where a receiver is appointed pursuant to that Act, the terms andconditions ofhis appointment shall be set out in the order appointing thereceiver. R. 625.

PART FORTY-NINE

RECIPROCAL ENFORCEMENT OF MAINTENANCE ORDERS

I General

ApplicatioD ornlia

October 1993

626 This part applies to proceedings under:

(a) The Reciprocal Enforcement of Maintenance Orders Act, 1983,and

CHILD SUPPORT GUIDELINESINFORMATION SHEET(PRESCRIBED FORM)

Court File No.:Q.B. No. 014843 of 1993

Name of Applicant:Rosemarie Katherine

annumProvince of Residence:Saskatchewan

Date: March 6, 1998

Payor Recipient__.:..X,,-__

Guideline Income (1997) $22,936.15 per(1998 ANTICIPATED) $7,200.00 per annum

Name of Respondent:.::G~o~rd:.::o:.;..n,-,B~r:..::a:.:::d"",,le....y_......... _ Payor--:;X Recipient, _

Guideline Income $18,820.08Province of Residence:.:::.S:::.:as::.:.k::::a:.:.:tc::.:.h~e:.::w.:.:a::.:.n.:-- _

Number of Children for which application is brought:.--=3__

Ages and Birthdates of Children:Todd Gordon born January 1, 1990: Tvler Matthew bornMay 28, 1991: and Brandon Michael born April 2!5, 1993.

Is this a new application?__ Or Variation?--:X""--__

Is there a custody order?_X_ Agreement?_.:..:X......._ Date of order: April 14, 1993or agreeme~t: May 24, 1995

According to order or agreement, who is to have custody of children?:Rosemarie Katherine

With whom are the children residing ?--'-X'--__Mother Father Shared

Why has this application been brought?(a) New Application:(b) Adjustment for income tax

(from deductible to non-deductible amount):(c) Adjustment of actual amount of child support(d) Change of Income:(e) Reduced number of children:(f) Undue hardship:

What was being paid previous to this application?By Agreement:By Court Order:Date of Previous Order:

___Split

xx

X·x

April 14, 1993

Per child:In Total:

$150.00$450.00 per month + ($50.00 per month for arrears)

)

Is there a claim for a change to spousal support:.:..,:N....o _

Court File No. a.8. No. 014843 of 1993

BASIC CHILD SUPPORT DATA SHEET(PRESCRIBED FORM)

Date:March 6, 1998

Recipient

Name:Gordon Bradley

Province of Residence:Saskatchewan

Annual Guideline Income $18.820.08

Name:Rosemarie Katherine

Province of Residence:Saskatchewan

1997 Annual Guideline Income $22,936.15

Children Name

Todd GordonTyler MatthewBrandon Michael

864

Gordon Bradley.Gordon BradleyGordon Bradley

Resident WithRecipient

xxx

Shared

Child Support Guideline Amount - Monthly

1. Guideline chart Amount - (net monthly difference) $349.49

2. Additional Expenses (Net of Tax Credits and Contribution from th~ Child, etc.)

s. 7(1 )(a) Child Care Expenses $ 4,315.00s. 7(1 )(b) Portion of Medical and Dental Premiums

Attributable to the Childs. 7 (1 )(c) Health Related Expenses in Excess of $100

Annually Per Illness Net of Reimbursements. 7(1 )(d) Extraordinary Primary or Secondary School

Expensess.7(1)(e) Postsecondary Expensess. 7(1 )(f) Extraordinary Extracurricular Activities Expense 525.00

Monthly

$ 359.58

43.75

Total Additional Monthly Expenses

Payor's Proportionate Share 45.07%

Total Monthly Child Support

$4,840.00 $ 403.33

$ 135.00

$ 484.49

3. Section 6 - Medical and dental Insurance coverage

x

Filed By:GATES & COMPANY on behalf of the Applicant

Date:Mar 09, 1998File:By:

CHILDVIEW - 98.1THE FEDERAL CHILD SUPPORT GUIDELINES

Guideline Amounts by child

SCHEDULE B-1

Time:l0:1S

Net Guideline amounts after contra-by-custody-by-child

Net payable by payor to recipient - monthly- annually

Guideline amounts by child by payor and recipientPayor Recipient

$5,808

Custody

ToddTylerBrandon

$209.00$176.00

$99.00

$.00$.00$.00

Recip.Recip.Recip.

874

Payor's Guideline amounts by-child-by-sections(amount payable to recipient) Table Soecial.

Amount ExpensesCustody Sec 3 Sec 7 Total

Todd Recip. $146.00 $63.00 $209.00Tyler Recip. $113.00 $63.00 $176.00Brandon Recip. $90.00 $9.00 $99.00

Total $349 $135 $484Annual $4,188 $1,620 $5,808

)

Recipient's Guideline amounts by-child-by-sections(amount payable to payor) Table Special

Amount ExpensesCustody Sec 3 Sec 7 Total

Todd Recip. $.00 $.00 $.00Tyler Recip. $.00 $.00 $.00Brandon Recip. $.00 $.00 $.00

Total $0 $0 $0Annual $0 $0 $0

)

Date:MarFile:By:

09, 1998 CHILDVIEW - 98.1THE FEDERAL CHILD SUPPORT GUIDELINES

SCHEDULE B-2

Time:l0:1S

Responsibility of Special or Extraordinary (Sec. 7) Expenses by Child(ren) by Type

7(1) (a) Child Care ExpensesTax deductions o~ c~e=::s. subsidies. or benefitsNet expense

PAYOR NameResiding with

Todd Tyler BrandonRecip. ReC1p. Recip.

$75 $75 $12-$22 -$22 -$3

$53 $53 $8

Total--sT6~

-$';7$115

7(1) (b) Child Portion Of Medi=a~/De~:al PremiumsTax deductions o~ credi:s. subsidies, or benefitsNet expense

7(1) (c) Health Related Expenses Excess Of $100Tax deductions or c~ed:ts, subsidies, or benefitsNet expense

7(1) (d) Primary Or Seconda~y S=hoo~ ExpensesTax deductions o~ cre:i:s. subsidies, or benefitsNet expense

7(1) (e) Post Secondary ExpensesTax deductions or credi:s, subsidies, or benefitsNet expense

7(1) (f) Extraordinary Expenses For ExtracurricularActivities

Tax deductions or credits. subsidies, or benefitsNet expense

$9

$9

$9

$9

$1

$1

$20

$20

Contribution from Child(ren)Percentage of ResponsibilityMonthly

45.07'"--1E ~ __$_9

7(1) (a) Child Care ExpenseTax deductions or credits, subsidies, or benefitsNet expense

RECIPIENT NameResiding with

ToddRecip.

BrandonReC1p.

Tot

7(1) (b) Child Portion Of ~e=:=a:/:e~tal Premi~~s

Tax deductions or cre=i:s, subsidies, or benefitsNet expense

7(1) (c) Health Related Expenses Excess Of $100Tax deductions or cre=:ts, subsidies, or benefitsNet expense

7(1) (d) Primary Or Secondary S=hoo~ ExpensesTax deductions or credits, subsidies. or benefitsNet expense

7(1) (e) Post Secondary ExpensesTax deductions or credits. subsidies, or benefitsNet expense

7(1) (f) Extraordinary Expenses For ExtracurricularActivities

Tax deductions o~ credits, subsidies, or benefitsNet expense

..

Contribution from Child (ren)Percantage of ResponsibilityMonthly

54.93'" . .

Date :MarFiJ.e: .B:/:

09, 1998 CHILDVIEW - 98.1THE FEDERAL CHILD SUPPORT GUIDELINES

Time:10:15

)section 7 - SPECIAL EXPENSES

SpousalGuideline Support

Income Paid/Reed.

Net forSection 7Purposes

lis ShareSec. 7

Guideline Income Of Payor Less Spousal Support

Guideline Income Of Recipient Plus Spousal Support

Total

Expense To Be Specified In The Order

S18,820

S22,936

$41,756

SO

SO

$0

S18,820

S22,936

$41,756

45.0n

54.93%

100.00\

Share ShareGross Tax Net % For Payor % For RecipientAmount Bene~its Amount Payor To Pay Recipient To Pay

7 (1) (a) Chi1.d Care ExpensesPayor SO SO SO 54.93% S')Rec:'pient S4,3l5 -$1,248 S3,067 45.0" Sl,382

7(1) (b) Child Portion Of Medical/Dental PremiumsPayor SO SO SO 54.93% SORecipient SO SO SO 45.0" SO

7 (1) (c) Health Related Expenses Excess Of SlOOPayor SO SO SO 54.93% SORecipient SO SO SO 45.07% SO

7(1) (d) ?rimary Or Secondary School ExpensesPayor SO SO SO 54.93% S')Rec:.pient SO SO SO 45.07% SO

7 (1) (e) ?os~ Secondary ExpensesPayor SO SO SO 54.93% S:iRec:.pient SO SO SO 45.07% SO

) 7 (1) (f) Extracurricular Activities ExpensesPayor SO 'SO SO. 54.93% SORecipient S525 sO S525 45.0" S237

Less:Contribution from child(ren)Payor SO SORecipient SO SO

Total Additional Annual Expenses To Be Borne By The PartyRecipient SO SO SO 54.93% SO

Payor S4,840 -Sl,248 S3,592 45.0" Sl,619

Total Additional Monthly ExpensesTo Be Borne By The Party (Payor/Recipient) S135 SO

NOTE SUBSECTION 7(2) THE CONTRIBUTION, IF ANY, BY THE CHILD IS TO BEDEDUCTED FROM THE ABOVE EXPENSES.

Payor owing recipient per monthRecipient owing payor per month

$135$0

)

Net amount owed by payor to recipient per month $1.35