TVC v MLH, 2015 ABQB 668

Read J

3.68: Court options to deal with significant deficiencies

Case Summary

In a dispute regarding ongoing child support and arrears, the parties appeared before Justice Read for a half-day Case Management Hearing at which time they were directed to provide specific information for the Application. Notwithstanding that direction, the parties provided voluminous documentation and their filed Affidavits were not in accordance with Justice Read’s Order, nor in accordance with the Rules or the Court’s Practice Notes. Much of the documentation was neither relevant nor material. Some of the documentation was hearsay or seemingly provided for the sole purpose of attacking the other party’s character. Read J. noted that the offending paragraphs of the Affidavits could have been formally struck out under Rule 3.68(4), but, rather than waste valuable time, Read J. stated that the inadmissible contents of the Affidavits would be ignored. In the result, Justice Read held that the Respondent had overpaid his child support obligations and ordered some amounts set-off against the over payments.

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