1.2: Purpose and intention of these rules
12.51: Appearance before the Court
12.60: Appeal from decision of Court of Queen’s Bench sitting as original court
14.8: Filing a notice of appeal

Case Summary

The Plaintiff husband brought an Application to set a Trial date in relation to his child support arrears. The Plaintiff had previously brought an Application for child support arrears which was set over to a Family Special Chambers Application. Following the Application, the Court ordered the payment of arrears, and the Order was never appealed. The Defendant argued that, if an Appeal was appropriate, the Court of Appeal would be the proper forum, but the Plaintiff was beyond the appeal period pursuant to Rules 14.8 and 12.60.

The Plaintiff argued that the arrears Order was merely an interim Order and that a full Trial ought to occur. Justice Shelley considered the scope of Rule 12.51 and indicated that this Rule provided the Court with wide latitude to direct final Orders in a Family Special Chambers Application. Her Ladyship went on to consider Foundational Rule 1.2, and noted that alternative solutions in family litigation ought to be sought out wherever possible. Justice Shelley also noted that Rule 12.51 differed from former Rule 580.7, as the new Rule expressly contemplates decisions on a “final basis”. Shelley J. dismissed the Plaintiff’s Application on the basis of res judicata since the issue was previously decided.

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