JMS v JDS, 2020 ABQB 272


14.16: Filing the Appeal Record – standard appeals

Case Summary

The Plaintiff sought a reduction in his child support and spousal support obligations citing a significant loss in income and the Defendant’s return to work as changes in circumstances.

The Court directed the parties, pursuant to newly amended Rule 14.16(4)-(6), to undergo dispute resolution. The new Rule, amended in light of COVID-19, allows the Court to direct parties to participate in a dispute resolution process and to give directions respecting any aspect of the dispute resolution. Here, the Court directed the parties to select the mediator by agreement. The Court also recommended that the mediation be conducted via video conferencing in order for the process not to be delayed due to COVID-19.

Graesser J. confirmed that His Lordship would resolve any matter the parties could not agree upon concerning the dispute resolution. Finally, Graesser J. stated that he was prepared to continue the case conference to assist the parties with the litigation planning if they were unable to resolve issues through mediation.

View CanLII Details