Dated: 20020617 2002 SKCA 80 Docket: 66 THE COURT OF APPEAL FOR SASKATCHEWAN Coram: Bayda C.J.S., Tallis Lane JJ.A. TERRY BRIAN STEFIUK APPELLANT (Applicant) and TRINA STELLA PLANEDIN (formerly Stefiuk) RESPONDENT (Petitioner) COUNSEL: Mr. Richard A. Mayer for the Appellant Written submission filed by the Respondent with no one appearing DISPOSITION: On Appeal From: QB 01902 of A.D. 1991, J.C. of Yorkton Appeal Heard: June 10, 2002 Appeal Decided: June 17, 2002 Written Reasons: June 17, 2002 Reasons By: The Honourable Mr. Justice Lane In Concurrence: The Honourable Chief Justice Bayda The Honourable Mr. Justice Tallis [1] The parties divorced in 1992 and at that time the appellant was ordered to pay $200 month support for their child. The appellant later entered into new relationship and he and his common-law spouse had mentally handicapped child born in 1995. In 1996, the appellant was laid off from his employment and heceased making his support payments. He remained at home to care for the child. In 1997, his common-law spouse died suddenly and he has since remained the sole care and support of the child. He used his common-law spouse’s modest insurance proceeds for living expenses and he made no payment towards the accumulated arrears of support. [2] In March, 2000, he made an application to vary the support order both by suspending payment until he gained employment, and by reducing the arrears. The application was dismissed without reasons. He appealed the resulting order. [3] The appellant has had representation through Legal Aid. The respondent did not appear because she does not have the financial resources. We originally adjourned the appeal to obtain information from the appellant as to his employment status. The adjournment was granted on the condition enforcement of the order was stayed so long as he continued to make payment of $30 month to Maintenance Enforcement which he has done. [4] The appellant, and his daughter (now full-time student), live on the Canada Pension Plan Survivor and Orphan’s Benefit, the Federal Child Tax Benefit, the Saskatchewan Child Benefit and the G.S.T. Credit. He has filed further affidavit material which shows he is presently unable to work because of medical condition and is on the waiting list for back surgery. He is now studying to obtain his GED grade 12 which he hopes to receive in December of this year. [5] The respondent has been sympathetic but in response to the appellant’s application to vary was of the view he was able to work at that time. She herself has very limited financial resources as she and her husband are raising three children. [6] The appellant must recognize, and counsel assures us he now does, that he must obtain employment when his health allows. In these unfortunate circumstances it is clear the arrears are not likely to ever be paid in full and we order them reduced to $5,000. Enforcement of the order below is stayed so long as the appellant continues to make the payment of $30 a month to Maintenance Enforcement. When his employment situation is known, it is, as suggested by his counsel, open to the parties to negotiate resolution of the matter or he can make an application to finally decide the matters of arrears and support. The appeal is therefore allowed to this extent. There will be no order as to costs. DATED at the City of Regina, in the Province of Saskatchewan, this 17th day of June, A.D. 2002. concur BAYDA C.J.S. concur TALLIS J.A.
The father was ordered to pay child support of $200 per month in 1992. He was laid off his employment in 1996 and ceased support payments. His common law spouse died suddenly in 1997 and he has remained the sole care and support for their mentally handicapped child. He appealed the dismissal of his application in March 2000 to vary the support order by suspending payment until he gained employment and by reducing arrears. HELD: The appeal was allowed in part. He must obtain employment when his health allows. Arrears were reduced to $5,000 and enforcement was stayed so long as he continues to make monthly payments of $30 to Maintenance Enforcement.