D(SJ) v P(RD), 2023 ABKB 84


4.14: Authority of case management judge

Case Summary

This was a Decision regarding the admissibility of text message evidence improperly obtained by one Party from the cell phone of the other Party for use in a family law Action. Leonard J. was not the Case Management Justice but was granted authority to hear the Application pursuant to Rule 4.14(2). Leonard J. noted that the resulting Decision was therefore binding on any future Trial in the matter, pursuant to Rule 4.14(1)(g)(i).

Leonard J. found that the text messages, which spoke to whether one Party was intentionally underemployed or hiding his true income, were probative of an issue in the Action. Since the probative value outweighed the prejudicial effect, the text messages were found to be admissible.

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