HESTBAK v HESTBAK

The Plaintiff brought an Application to adjust Section 3 and Section 7 expenses for 2011, and to set ongoing support payments. The Defendant opposed the Application on the basis that any adjustments should be in accordance with the 2008 Minutes of Settlement. The Defendant also sought sole custody of the child.

One of the Defendant’s positions related to objections surrounding an Order of Justice Graesser. The Defendant was self-represented and, as such, Justice Graesser invoked Rule 9.4(2)(c) when the Order was made. Rule 9.4(2)(c) provides that the Clerk may sign an Order if the Court directs that approval of the form of Order by a Party is not required. Justice Graesser held that although he did not invoke Rule 9.4(2)(c) explicitly, he clearly indicated to Plaintiff’s counsel that the Defendant’s signature was not required. The Order was prepared by the Plaintiff’s counsel and submitted directly to Justice Graesser for signature. Justice Graesser held that although it may not have been explicit, Rule 9.4(2)(c) was invoked, and therefore the Defendant’s signature was not required on the Order.